Search by Keyword:
Start Date:
End Date:
Tip: Wrap text in quotation marks when searching for phrases (e.g. "motion to dismiss").

7 Results

Location: Kings x
2019.11.15 Motion for TRO 274
Location: Kings
Judge: Ciuffini, Kathy
Hearing Date: 2019.11.15
Excerpt: ...urt finds that plaintiff has failed to establish that plaintiff is likely to prevail on the merits of its complaint for misappropriate of trade secrets, breach of contract, conversion and imposition of a constructive trust. Plaintiff has failed to establish that it will suffer irreparable injury unless a TRO issues and that monetary damages could not offer adequate relief. If the request for a TRO is brought under B&PC §17203, defendant has made...
2019.11.8 Demurrer, Motion to Strike 250
Location: Kings
Judge: Ciuffini, Kathy
Hearing Date: 2019.11.8
Excerpt: ...) 252 Cal. App. 2d 256, 269; Thomas v. Doorley (1959) 175 Cal. App. 2d 545, 549; Ayer v. Robinson (1958) 163 Cal. App. 2d 424, 428–429. Demurrer The plaintiff has requested, and the court grants, plaintiff leave to amend to separate out the claims of the father from the claims of the son. The demurrer to the 4 th cause of action for NEID is sustained with leave as to the son. Given the physical injury suffered by the father, the claim for NEID ...
2019.11.8 Demurrer 140
Location: Kings
Judge: Ciuffini, Kathy
Hearing Date: 2019.11.8
Excerpt: ...s the requirement of a public entity to notify the claimant if it deems the claim defective. (Gov. Code §910.8.) Unless notice of defect is given, the public entity waives a defense based on such defect. (Gov. Code §911; Phillips v Desert Hosp Dist (1989) 49 Cal.3d 699, 707.) The documents attached to the declaration of plaintiff counsel indicates that plaintiff was advised the claim had been rejected. The attorney does not attach a letter whic...
2019.10.16 Demurrer 142
Location: Kings
Judge: Ciuffini, Kathy
Hearing Date: 2019.10.16
Excerpt: ...l. Practice Guide: Civil Procedure Before Trial (The Rutter Group 2019) ¶ 6:459.) In addition, the affirmative defense alleged that plaintiff delivered multiple defective refrigeration units and failed to properly repair the defects and milk had to be dumped due to inadequate cooling over the course of a month. Failure to mitigate damages may occur after a wrong where some damages may still be averted. (United States v Sierra Pac Ind<004c0055005...
2019.10.16 Motion for Leave to File Amended Complaint 055
Location: Kings
Judge: Ciuffini, Kathy
Hearing Date: 2019.10.16
Excerpt: ...e would be to permit the amendment and allow the parties to test its legal sufficiency by demurrer, motion for judgment on the pleadings or other appropriate proceedings”].) The objections asserted in opposition to the motion to amend appear to be ones that should be addressed in the context of a demurrer. (California Cas Gen Ins Co v Sup Ct (Gorgei) (1985) 173 Cal App.3d 274, 281, overruled on another point in Kransco v American Empire Surplus...
2019.10.16 Motion to Stay Trial Court Proceedings 253
Location: Kings
Judge: Tarter, Donna
Hearing Date: 2019.10.16
Excerpt: ... liability of a third party tortfeasor, if there was any comparative negligence from the employer, and the right of subrogation of the employer against any recovery from the third party by plaintiff. No case was cited to support a finding that the WCAB has exclusive, or first in time jurisdiction of such disputes. First in time jurisdiction does not apply to the third party claim filed in this court, since the same parties and same causes of acti...
2019.09.25 Demurrer 142
Location: Kings
Judge: Ciuffini, Kathy
Hearing Date: 2019.09.25
Excerpt: ...l. Practice Guide: Civil Procedure Before Trial (The Rutter Group 2019) ¶ 6:459.) In addition, the affirmative defense alleged that plaintiff delivered multiple defective refrigeration units and failed to properly repair the defects and milk had to be dumped due to inadequate cooling over the course of a month. Failure to mitigate damages may occur after a wrong where some damages may still be averted. (United States v Sierra Pac Ind (2012) 879 ...

7 Results

Per page