Excerpt: ...denying the allegations. Th e answer is unsigned by the Defendant. 11 -22 -24 The court granted Plaintiff's motion to deem admitted matters specified in Plaintiff's request for admissions. 2 -14 -25 The court denied the Plaintiff's motion for summary judgment without prejudice and without reaching the merits of the motion based on failure to comply with statutory notice requirements of CCP§437c(a)(2). Argument: 3 -17 -25 This is an action for co...

Excerpt: ...ctions 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 the proceedings therein as may tend to avoid unnecessary costs or delay.” Consolidation serves to promote trial convenience and economy. It avoids the duplication of procedure, particularly regardin...

Excerpt: ... facts alleged. The court must assume the truth of all properly pled allegations. The process of a demurrer does not serve to test the merits of the Plaintiff's case. (Tenet Health System Desert Inc. v. Blue Cross of CA. (2016) 245 Cal.App.4th 821, 834.) In determining a demurrer, the court assumes the truth of the facts alleged in the complaint and the reasonable inferences that may be drawn from those facts. (Miklosy v. Regents of University of...

Excerpt: ...elin Ali) Defendan t: Self Represented (Gregory Higashi) This case arises from the allegation that the Defendants, and each of them, are liable for an unpaid debt of $7772.50 pursuant to a written contract. The Defendants have failed to pay the sums due. The Plaintiff asserts causes of action for 1) Open Book Account, 2) Account Stated, and 3) Breach of Contract. The Plaintiff initially took the Defendants' default and entered default judgment ag...

Excerpt: ...ment arbitration agreements (Circuit City Stores Inc. v. Adams (2001) 532 U.S. 105, 109, 111.) Where the employer and employee are subject to a mandatory and binding arbitration agreement the court is compelled to order the parties to arbitration o n motion or petition of either party. (Armendariz v. Foundation Health Psychcare Services, Inc. (2000) 24 Cal.4th 83, 98.) There is a strong public policy favoring arbitration, (Moncharsch v. Heily& Bl...

Excerpt: ... be set aside w hen it was caused by the mistake, inadvertence, surprise, or excusable neglect of the defendant or some other third party. The distinction is that the set aside of the default for the mistake, inadvertence, surprise, or neglect of an attorney is, upon proper declaration of the attorney, mandatory, whereas set side in the other instance is discretionary for the court. Additionally, a default and default judgment may be set aside wh...

Excerpt: ...d allegations. The process of a demurrer does not serve to test the merits of the Plaintiff's case. (Tenet Health System Desert Inc. v. Blue Cross of CA. (2016) 245 Cal.App.4th 821, 834.) In determining a demurrer, the court assumes the truth of the facts alleged in the complaint and the reasonable inferences that may be drawn from those facts. (Miklosy v. Regents of University of California (2008) 44 Cal.4th 876, 883.) In making this determinati...

Excerpt: ...nis v. Schainbaum (2021) 66 Cal.App.5th 1007, 1014.) It does not test the factual accuracy or truth of the facts alleged. The court must assume the truth of all properly pled allegations. The process of a demurrer does not serve to test the merits of the Plaintiff's case. (Tenet Health System Desert Inc. v. Blue Cross of CA. (2016) 245 Cal.App.4th 821, 834.) In determining a demurrer, the court assumes the truth of the facts alleged in the compla...

Excerpt: ...766 and 3.769, the California and United States Constitutions, and any other applicable law, and constitutes the best notice practicab le under the circumstances, by providing individual notice to all Settlement Class Members who could be identified through reasonable effort, and by providing due and adequate notice of the proceedings and of the matters set forth therein to the Settlement Class Members. The Notice fully satisfied the requirements...

Excerpt: ...ed reasonable diligence to attempt to locate and serve the defendants in another manner. Summons may be served by publication if the plaintiff can, by affidavit, show the court that the party cannot be served with reasonable diligence in another manner specified in that article, and “ [t]he party to be served has or claims an interest in real property in this state that is subject to the jurisdiction of the court or the relief demanded in the a...

Excerpt: ...rits of the Pl aintiff's case. (Tenet Health System Desert Inc. v. Blue Cross of CA. (2016) 245 Cal App 4th 821, 834.) Demurrer tests the legal sufficiency of factual allegations. (Genis v. Schainbaum (2021) 66 Cal. App. 5th 1007, 1014.) A demurrer does not test the truth or accuracy of the facts alleged, nor does it weigh the facts in the complaint. Rather, the court must assume the truth or accuracy of all properly pleaded factual allegations. ...

Excerpt: ...t a cause of action has no merit by demonstrating that one or more elements of the cause of action cannot be established or a complete defense to it exists. (Cal. Code Civ. Proc. § 437c, subd. (p)(2).) Once the defendant has met that burden, the burden shifts to the plaintiff to show a triable issue exists. (Ibid.) The evidence in favor of the party opposing the motion must be liberally construed, and all doubts concerning the evidence must be r...

Excerpt: ...quired or may take judicial notice. (Cal. Code of Civ. Proc. §430.30(a); Levya v. Neilson (2000) 83 Cal.App.4th 1061, 1063.) Demurrer lies where it appears on the face of the complaint that the plaintiff has not alleged facts sufficient to state a cause of action. (Cal. Code of Civ. Proc. §430.10(e); James v. Sup. Ct. (1968) 261 Cal.App.2nd 415.) The process of a demurrer does not serve to test the merits of the Plaintiff's case. (Tenet Health ...

Excerpt: ...lf Represented (Gregory Higashi) This case arises from the allegation that the Defendants, and each of them, are liable for an unpaid debt of $7772.50 pursuant to a written contract. The Defendants have failed to pay the sums due. The Plaintiff asserts causes of action for 1) Open Book Account, 2) Account Stated, and 3) Breach of Contract. The Plaintiff initially took the Defendants' default and entered default judgment against them. Subsequently...

Excerpt: ...he allegations and making affirmative defenses. 2-4-25 Plaintiff filed their motion to deem admitted matters in their Request for Admissions, set One. Plaintiff states that on 11 -21 -24 they served their Request for Admissions, Set One, on opposing counsel, by email. The responses were due thirty -two days after. No responses have been received. 1 -3-25 The Plaintiff's counsel sent a meet and confer letter to opposing counsel to attempt to resol...

Excerpt: ...ntiff. Defendant used or authorized the use of that account for goods, services, balance transfers, or cash advances in accord with eh customer agreement governing its use. Defendant breached that agreement by failing to make payments on that account, which was then charged off, with the entire balance on that account now due and owing. 10 -14 -24 Defendant filed her answer and issued a general and specific denial of the claims, and asserts affir...

Excerpt: ...nt was indebted to the Plaintiff, for money lent to the Defendant by Plaintiff at Defendant's request. Defendant filed a verified answer10 -25 -24. She makes a general denial, and asserts the Plaintiff lacks standing, fails to state a cause of action, that the suit is barred by the statute of limitations, has waived the right to sue, failed to mitigate, and that the causes of action are framed ambiguously. She requests dismissal, costs, sanctions...

Excerpt: ...Plaintiff, for m oney lent to the Defendant by Plaintiff at Defendant's request. Plaintiff asserts on or about 10 -24 -22 the parties entered into a written contract for the loan of monies which the Defendant then failed to repay. Monies were paid, laid out or expended to or for Defendant at Defendant's insistence and request, Defendant received these sums, and pursuant to the terms of the parties written agreement, Defendant was to repay these s...

Excerpt: ...e Defendant filed answer 5 -10 -24, denying the allegations. The answer is unsigned by the Defendant. 11 -22 -24 The court granted Plaintiff's motion to deem admitted matters specified in Plaintiff's request for admissions. Legal Authority: Summary Judgment pursuant to CCP§437c is a procedure by which a party may request pretrial entry of judgment on the ground that there is no dispute of material fact requiring trial. In California, it may be r...

Excerpt: ...to a complaint app ears on the face of it, or from a matter from which the court is required or may take judicial notice. (Cal. Code of Civ. Proc. §430.30(a); Levya v. Neilson (2000) 83 Cal.App.4th 1061, 1063.) Demurrer lies where it appears on the face of the complaint that the plaintiff has not alleged facts sufficient to state a cause of action. (Cal. Code of Civ. Proc. §430.10(e); James v. Sup. Ct. (1968) 261 Cal.App.2nd 415.) The process o...

Excerpt: ...e held that this provision “should be liberally construed in favor of intervention.” (Lindelli v. Town of San Anselmo (2006) 139 Cal.App.4th 1499, 1505.) The People, through the Attorney General, have an unconditional right to intervene in the current action pursuant to Government Code section 12606, which provides: “The Attorney General shall be permitted to intervene in any judicial or administrative proceeding in which facts are alleged ...

Excerpt: ...of costs and attorney's fees that could be awarded against it in the action. "This motion shall be made on the grounds that the plaintiff resides out of state or is a foreign corporation and that there is a reasonable possibility that the moving defendant will obtain judgment in the action or special proceeding." (Cal. Code Civ. Proc. §1030(b).) "If the court, after hearing, determines that the grounds for the motion have been established, the c...

Excerpt: ...2020) 53 Cal. App. 5th 165, 168.) Only the legal sufficiency of the factual allegations is tested, not the truth or accuracy of the facts alleged. The court must assume the truth of all properly pleaded factual allegations. A demurrer is not the proper method to test the merits of the plaintiff's case. (Tenet Healthsystem Desert, Inc. v. Blue Cross of Cal. (2016) 245 Cal. App. 4th 821, 834, n. 13.) Since a demurrer challenges defects on the face ...

Excerpt: ...edure section 5 94(a). Code of Civil Procedure section 581 addresses the requirements of a party's appearance at trial. According to Code of Civil Procedure section 1987(b), for parties to an action or proceeding “service of a subpoena upon any such witness is not required if written notice requesting the witness to attend before a court, or at a trial of an issue therein, with the time and place thereof is served upon the attorney of that part...

Excerpt: ...tigation. (County of San Benito v. Superior Court (2023) 96 Cal.App.5th 243, 261.) The parties are in disagreement as to whether the County has complied with this order. The allegations made in the Verified Petition for Writ of Mandate involve whether the County produced non -exempt public records regarding the Strada Verda Project, Measure R, Measure Q, and a buffer around the TriCal Facility, which Plaintiff/Petitioner requested on February 17,...