Excerpt: ... v. Lawndale Elementary School Dist. (2021) 72 Cal.App.5th 113, 131 - 132, 137 -138; FAC, ¶¶ 35- 39.) WCS' demurrer as to the seventh (intentional misrepresentation), eighth (concealment), ninth (promise without intention of performing), and tenth (negligent misrepresentation) causes of action are OVERRULED. (Code Civ. Proc., § 430.10, subd. (e).) WCS has not shown that the FAC fails to state facts sufficient to constitute these causes of acti...

Excerpt: ...Cal.4th 415, 422 [a precondition to the taking of judicial notice in either its mandatory or permissive form must be relevant to a material issue].) The Court rules on defendant's demurrer to plaintiff Steven Bennett's first amended complaint (“FAC ” ) as follows: The demurrer to plaintiff's fourth cause of action [fraud] is OVERRULED. (Code Civ. Proc., 431.10, subd. (e).) The Court fi nds that plaintiff has pled facts suff icient to state ...

Excerpt: ...DENIED . (Code Civ. Proc., § 1094.5; see Lake v. Reed (1997) 6 Cal.4th 448, 456 – 457.) The Court finds as follows: 1. Respondent California Department of Motor Vehicles did not abuse its discretion in admitting Exhibits 1 and 2 at the hearing. (Veh. Code, § 135 57, subd. (a); Gov. Code, § 11513, subds. (c), (d); Evid. Code, §§ 1220, 1280; Gananian v. Zolin (1995) 33 Cal.App.4th 634, 639 [the object of the hearsay rule exception pursuant ...

Excerpt: ... Omidv ar (collectively, “cross -defendants”) filed an untimely reply. (Code Civ. Proc., § 1005, subd. (b) [all reply papers must be filed with the court and a copy served on each party at least five court days before the hearing].) Despite being untimely, the C ourt will consider cross-complainants' opposition and cross -defendants' reply. (Cal. Rules of Court, rule 3.1300(d); Rancho Mirage Country Club Homeowners Assn. v. Hazelbaker (20...

Excerpt: ... P roc., § 437c, subd. (q).) The Court rules on defendants' motion for summary judgment and summary adjudication as follows: The motion for summary judgment on the ground that plaintiff was not a licensed contractor is DENIED. (Code Civ. Proc., § 437c, subd . (p)(2); Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850.) The Court finds that defendants have failed to meet their initial burden of showing that plaintiff was required to ...

Excerpt: ...e SAC on th e ground that it fails to state any cause of action against individual defendants Trevor Tauzer, Claire Tauzer, and Mark Tauzer. (Code Civ. Proc., § 430.10; see Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) The Court finds that plaintiffs have failed to all ege facts sufficient to maintain any cause of action against these individual defendants. (Lab. Code, § 558.1; Usher v. White (2021) 64 Cal.App.5th 883, 896 - 897; see Noe v. Supe...

Excerpt: ...ion].) Defendant County of Yolo's request for judicial notice is GRANTED. (Evid. Code, §§ 452, subd. (b), (h), 453.) The Court rules on defendant's demurrer to plaintiffs Michele Flores and Ryan Campbell's petition for writ of mandate and complaint (“Pet. & Compl.'), as follows: Defendant's demurrer to the first cause of action [writ of mandate] is SUSTAINED WITH LEAVE TO AMEND. (Code Civ. Proc., § 430.10, subd. (e); Aubry v. Tri -City Hosp...

Excerpt: ...k Foods Co. (2000) 24 Cal.4th 415, 422 [a precondition to the taking of judicial notice in either its mandatory or permissive form must be relevant to a material issue].) The Court rules on defendant's unopposed demurrer to plai ntiff Ryan Stanfield's first amended complaint as follows: The demurrer to plaintiff's fourth cause of action [fraud] is OVERRULED. (Code Civ. Proc., 431.10, subd. (e).) The Court finds that plaintiff has pled facts su...

Excerpt: ...300(c) [“Proof of service of the moving paper must be filed no later than five court days before the time appointed for the hearing”].) The Court also notes that petitioner has failed to show a reasonable and good faith attempt at informal resolu tion of each issue presented prior to the filing of this motion. (Code Civ. Proc., §§ 2016.040, 2025.280, subd. (b); Green Decl., ¶ 12, Exhibit 10.) Oppenheim's request for judicial notice is D...

Excerpt: ...nt to constitute this cause of action. Plainti
¯ alleges that her termination was substantially motivated by complaints about a rumor, which was not based upon her gender, and no amendment can cure this deÞciency of the complaint. (Gov. Code, § 12940, subd. (a); Caldwell v. Paramount UniÞed School Dist. (1995) 41 Cal.App.4th 189, 202, fn.7; Guz v. Bechtel Nat., Inc. (2000) 24 Cal.4th 317, 354, fn. 21; Blank v. Kirwan (1985) 39 Cal.3d 311, 318...

Excerpt: ...tute this cause of action. Plaintiff alleges that her termination was substantially motivated by complaints about a rumor, which was not based upon her gender, and no amendment can cure this deficiency of the complaint. (Gov. Code, S 12940, subd. (a); Caldwell v. Paramount Unified School Dist. (1995) 41 Cal.App.4th 189, 202, fn.7; Guz v. Bechtel Nat., Inc. (2000) 24 cal.4th 317, 354, fn. 21; Blank v. Kirwan (1985) 39 cal.3d 311, 318; compl., 11 �...

Excerpt: ... Kaplan has produced evidence establishing that his conduct did not fall below the requisite standard of care, negating the breach of duty element. (Hanson v. Grode (1999) 76 Cal.App.4th 501, 606-607; UMFs 1-18; Shen decl., 3, 6, 17, 19.) Plaintiff has not shown that a triable issue of material fact exists. (Code Civ. Proc., S 437c, subd. (p)(2).) If no hearing is requested, this tentative ruling is effective immediately. No formal order pursuant...

Excerpt: ...laire Tazuer, and Mark Tauzer. (Code Civ. Proc., S 430.10; Aubryv. Tri-City Hospital Dist. (1992) 2 Cal.4th 952, 967.) The Court finds that plaintiffs have failed to allege facts sufficient to maintain any cause of action against these individual defendants based upon alter ego liability or joint and several liability. (Lab. Code, S 558.1; see Leek v. cooper ( 2011) 194 cal.App.4th 399, 415; see also Noe v. superior court (2015) 237 cal.App.4th 3...

Excerpt: ...ncertainty as a basis for their demurrer. (Cal. Rules of Court, rule 3.1320(a) ["Each ground of demurrer must be in a separate paragraph and must state whether it applies to the entire complaint, cross- complaint, or answer, or to specified causes of action or defenses."l; see also Code Civ. Proc., S 430.60; Notice of demurrer, p. 2.) Defendants' unopposed demurrer to the FAC based on the failure to state a cause of action is OVERRULED. (Code Civ...

Excerpt: ... 6; see Malek Media Group LLC v. AXQG Corp. (2020) 58 Cal.App.5th 817, 825; People ex rel. Lockyer v. Shamrock Foods Co. (2000) 24 Cal.4th 415, 422 [a precondition to the taking of judicial notice in either its mandatory or permissive form must be relevant to a material issue].) The Court rules upon plaintiff's motion for judgment on the pleadings as follows: • The moton is DENIED as it pertains to plaintiff's verified complaint stating facts s...

Excerpt: ...cument is genuine and accurate. [Citation]" ; Compl., 26.) Defendants' demurrer to plaintiffs' complaint as to defendant Cheryl walker, individually, is SUSTAINED WITH LEAVE TO AMEND. (Code Civ. Proc., S 430.10, subd. (e); cal. Rules of court, rule 3.1320(g); see Buss v. J. O. Martin co. (1966) 241 cal. App. 2d 123, 133; Aubry v. Tn-City Hospital Dist. (1992) 2 Cal.4th 962, 967.) The Court finds that, based on the ShortForm Settlement Agreement e...

Excerpt: ...e causes of action are not duplicative. (Award Metals, Inc. v. Superior Court (1991) 228 Cal.App.3d. 1128, 1135; Palm Springs Villas II Homeowners Assn„ Inc. v. Parth (2016) 248 cal.App.4th 268, 290; complaint, 25-33, 72-76.) WCS' demurrer as to the fourth cause of action (sexual battery) is SUSTAINED WITH LEAVE TO AMEND. (Code Civ. Proc., S 430.10, subd. (e).) The complaint fails to allege this cause of action with sufficient particularity. (C...

Excerpt: ...tute this cause of action. Plaintiff alleges that her termination was substantially motivated by complaints about a rumor, which was not based upon her gender, and no amendment can cure this deficiency of the complaint. (Gov. Code, S 12940, subd. (a); Caldwell v. Paramount Unified School Dist. (1995) 41 Cal.App.4th 189, 202, fn.7; Guz v. Bechtel Nat., Inc. (2000) 24 cal.4th 317, 354, fn. 21; Blank v. Kirwan (1985) 39 cal.3d 311, 318; compl., 11 �...

Excerpt: ...court finds that this cause of action may not be maintained against a public entity like defendant. (See Kim v. Regents of University of California (2000) 80 Cal.App.4th 160, 164 — 165.) Defendant's demurrer to the second cause of action for intentional infliction of financial losses is SUSTAINED WITH LEAVE TO AMEND. (Code Civ. Proc., S 430.10, subd. (e); Aubry v. Tri-City Hospital Dist. (1992) 2 cal.4th 962, 967.) The court finds that plaintif...

Excerpt: ...., S 437c, subd. (q).) The Court declines to rule on defendants' objections to evidence as the evidence objected to is not relevant to deciding this motion. (Code Civ. Proc., S 437c, subd. This Court construes defendants' motion for summary judgment or, in the alternative, motion for summary adjudication as a motion for summary judgment. (See Sole Energy Co. v. Petrominerals Corp. (2005) 128 Cal.App.4th 187, 193 [the nature of a motion is determi...

Excerpt: ...35.5, subd. (a)(4).) Demurrer: Polley's demurrer to the third cause of action (civil RICO 18 U.S.C. S 1961 et seq.) within defendants/cross-complainants Ravinder Tumber and You Only ive Once Farms LLC's ("cross- complainants") cross-complaint is SUSTAINED WITH LEAVE TO AMEND. (Code Civ. Proc., S 430.10; Aubry v. Tri-City Hospital Dist. (1992) 2 Cal.4th 962, 957.) The Court finds that the cross-complaint fails to state facts sufficient to constitu...

Excerpt: ...alek]; People ex rel. Lockyer v. Shamrock Foods Co. (2000) 24 Cal.4th 415, 422 [ex rel. Lockyer) [a precondition to the taking of judicial notice in either its mandatory or permissive form must be relevant to a material issue].) Defendants Dignity Health and Dignity Community Care's request for judicial notice is GRANTED. (Evid. Code, SS 452, subd. (d), 453.) Plaintiff's motion for relief from stay is DENIED. The Court finds that plaintiff has fa...

Excerpt: ...) 24 Cal.4th 415, 422 [a precondition to the taking of judicial notce in either its mandatory or permissive form must be relevant to a material issuel.) The Court declines to rule on Gunn's objections to the declaration of Thomas Patrick Jr., as the Court did not rely upon the challenged declaration in determining this motion. The Court rules upon plaintiff Peter C. Craig and cross-defendant Pacific Livestock, Inc.'s motion to tax costs as follow...

Excerpt: ...ted to is not relevant to the disposition of defendant's motion for summary judgment. (Code Civ. Proc., S 437c, subd. (q).) The Court declines to rule on defendant's evidentiary objections to plaintiffs' evidence as the evidence objected to is not relevant to the disposition of defendant's motion for summary judgment. (Code Civ. Proc., S 437c, subd. (q).) Defendant's motion for summary judgment is GRANTED. (Code Civ. Proc., S 437c, subd. (p)(2); ...

Excerpt: ...t-A-Car Co. of San Francisco (2000) 79 Cal.App.4th 1127, 1133- 1134 ["When the liability issues are so interrelated that it would have been impossible to separate them into claims for which attorney fees are properly awarded and claims for which they are not, then allocation is not required." l; see also Cruz v. Fusion Buffet, Inc. (2020) 57 Cal.App.5th 221, 235—236; Adams decl., "15-7.) The Court finds that the hourly rates requested by plaint...