What is a Peremptory Challenge (CCP 170.6)?

Useful Rulings on Peremptory Challenge - CCP 170.6

Recent Rulings on Peremptory Challenge - CCP 170.6

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THE CITIES OF DUARTE VS STATE WATER RESOURCES CONTROL BOARD AND CITY OF GARDENA VS REGIONAL WATER QUALITY CONTROL BOARD

The peremptory writ further commands that Respondents shall reconsider the Permit in light of the decision of this Court dated April 18, 2019. 3. Nothing in this judgment or the writ shall limit or control in any way the discretion legally vested in Respondents. 4. Petitioners shall recover their costs in this proceeding in the amount of $_____.

  • Hearing

    Jun 20, 2021

HOMAYOUN LARIAN VS EDWARD CZUKER, ET AL.

A demurrer can be used only to challenge defects that appear on the face of the pleading under attack or from matters outside the pleading that are judicially noticeable. (See Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994 [in ruling on a demurrer, a court may not consider declarations, matters not subject to judicial notice, or documents not accepted for the truth of their contents].)

  • Hearing

    Jul 26, 2020

  • Type

    Real Property

  • Sub Type

    other

HAGOP TCHAKERIAN VS CITY OF LOS ANGELES

A demurrer can be used only to challenge defects that appear on the face of the pleading under attack or from matters outside the pleading that are judicially noticeable. (See Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994 [in ruling on a demurrer, a court may not consider declarations, matters not subject to judicial notice, or documents not accepted for the truth of their contents].)

  • Hearing

    Jul 26, 2020

  • Type

    Employment

  • Sub Type

    Wrongful Term

MED CAFE CORP, A CALIFORNIA CORPORATION VS MOSTAFA KARIMBEIK, ET AL.

A demurrer can be used only to challenge defects that appear on the face of the pleading under attack or from matters outside the pleading that are judicially noticeable. (See Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994 [in ruling on a demurrer, a court may not consider declarations, matters not subject to judicial notice, or documents not accepted for the truth of their contents].)

  • Hearing

    Jul 26, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

ANNE SHOYKHET, ET AL. VS NATHALIE DUBOIS, ET AL.

A demurrer can be used only to challenge defects that appear on the face of the pleading under attack or from matters outside the pleading that are judicially noticeable. (See Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994 [in ruling on a demurrer, a court may not consider declarations, matters not subject to judicial notice, or documents not accepted for the truth of their contents].)

  • Hearing

    Jul 26, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

MARSHA A. JOHNSON VS BOARD OF REGISTERED NURSES

A demurrer can be used only to challenge defects that appear on the face of the pleading under attack or from matters outside the pleading that are judicially noticeable. (See Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994 [in ruling on a demurrer, a court may not consider declarations, matters not subject to judicial notice, or documents not accepted for the truth of their contents].)

  • Hearing

    Jul 26, 2020

KOUROSH IZADPANAHI VS MARIA ALMA YOLANDA IBARRA DABDOUB, ET AL.

A demurrer can be used only to challenge defects that appear on the face of the pleading under attack or from matters outside the pleading that are judicially noticeable. (See Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994 [in ruling on a demurrer, a court may not consider declarations, matters not subject to judicial notice, or documents not accepted for the truth of their contents].)

  • Hearing

    Jul 26, 2020

NINA MARIE JOHNSON VS IAN PATTON, ET AL.

A demurrer can be used only to challenge defects that appear on the face of the pleading under attack or from matters outside the pleading that are judicially noticeable. (See Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994 [in ruling on a demurrer, a court may not consider declarations, matters not subject to judicial notice, or documents not accepted for the truth of their contents].)

  • Hearing

    Jul 24, 2020

  • Type

    Contract

  • Sub Type

    Breach

RUTH XIAOYU ZHANG VS NESTOR H. LLERNA

The motion, moreover, is unopposed; as such, there has been no challenge as to the number of hours expended on the appeal. The court will reduce the 10.5 hours counsel seeks in connection with the preparation and hearing of the instant motion, however, to 6 hours, in light of the fact that no reply needed to be prepared. Accordingly, the court will award fees in the reduced amount of $18,617.50. Costs Plaintiff’s request for costs is separately addressed via the memorandum of costs procedure.

  • Hearing

    Jul 16, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

SYLVIA RENE SUMMERS VS FORD MOTOR COMPANY, ET AL.

The Kramer court also held that plaintiffs were not seeking to challenge the terms, duties, or obligations of the purchase agreement and as such the element of interrelatedness was not present. (Id. at 1132.) The Kramer court reasoned that because plaintiffs did not seek to invoke Toyota’s duties and obligations under the purchase agreement while seeking to avoid arbitration, and as such the inequities were not present to invoke the doctrine of equitable estoppel. (Id. at 1134.)

  • Hearing

    Jul 13, 2020

  • Type

    Contract

  • Sub Type

    Breach

SACRAMENTO HOMELESS UNION VS. CITY OF SACRAMENTO

By this action, Petitioners challenge the adequacy of those steps.

  • Hearing

    Jul 10, 2020

PRESERVATION OF BENEFIT PLAN RETIREES ASSOCIATION, ET AL. V. CITY OF SAN JOSE, ET AL.

In opposition, Petitioners 24 contend that an independent cause of action for declaratory relief can be pleaded and that the 25 proper vehicle to challenge whether the SAC states an independent claim for declaratory and/or 26 injunctive relief is a demurrer, not a motion to strike. 27 In the caption of the SAC, the ninth cause of action is “Request for Declaratory Relief 28 (CCP §1060)” and the tenth cause of action is “Request for Injunctive Relief (CCP §§525, 526, 1 & 526(a)).”

  • Hearing

    Jul 10, 2020

ANDREW M. EGBE VS SELECT PORTFOLIO SERVICING, INC., ET AL.

Plaintiff only has standing to pursue such a challenge to the extent that the Assignment is void, not voidable. (Yvanova v. New Century Mortgage Corp. (2016) 62 Cal.4th 919, 942 (authorizing homeowner to maintain a post-foreclosure challenge to assignment of deed of trust); Yhudai v. IMPAC Funding Corp. (2016) 1 Cal.App.5th 1252, 1256 (noting that an assignment that is merely voidable does not support a wrongful foreclosure action after Yvanova).)

  • Hearing

    Jul 10, 2020

YELENA TUMANOVA VS A & R CARPET CARE AND PROFESSIONAL CLEANI

We will issue a peremptory writ of mandate requiring the trial court to do so. The court of appeals essentially held that where, as here, the responding party provides responses that consist of both objections and substantive responses, the proper motion to be filed is a motion to compel further responses, not a motion to compel initial responses. In such a case, the objections are not waived, but instead are preserved.

  • Hearing

    Jul 10, 2020

EVANSTON INSURANCE COMPANY VS SOUTHERN CALIFORNIA EDISON COMPANY

The purpose of a demurrer is to challenge the sufficiency of a pleading “by raising questions of law.” (Postley v. Harvey (1984) 153 Cal.App.3d 280, 286.) The court “treat[s] the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law. . . .” (Berkley v. Dowds (2007) 152 Cal.App.4th 518, 525 (Berkley).)

  • Hearing

    Jul 10, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

KATIE O CONNELL MARSH VS GAUMONT TELEVISION USA LLC

“The complaint measures the materiality of the facts tendered in a defendant’s challenge to the plaintiff’s cause of action.” (Id.) “The function of the pleadings in a motion for summary judgment is to delimit the scope of the issues: the function of the affidavits or declarations is to disclose whether there is any triable issue of fact within the issues delimited by the pleadings.” (Id.)

  • Hearing

    Jul 10, 2020

KATINA ANN WONG AS TRUSTEE OF THE MARY BETH WONG PERSONAL RESIDENCE TRUST DATED DECEMBER 21, 2012 VS HARRY H. JOH CONSTRUCTION INC.

A demurrer can be used only to challenge defects that appear on the face of the pleading under attack or from matters outside the pleading that are judicially noticeable. See Blank v. Kirwan (1985) 39 Cal.3d 311, 318. No other extrinsic evidence can be considered. See, Ion Equip. Corp. v. Nelson (1980) 110 Cal.App.3d 868, 881.

  • Hearing

    Jul 10, 2020

  • Type

    Contract

  • Sub Type

    Breach

RANDY MCCLOUD VS SOUTHERN CALIFORNIA HOSPITAL AT CULVER CITY

A demurrer can be used only to challenge defects that appear on the face of the pleading under attack or from matters outside the pleading that are judicially noticeable. (See Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994 [in ruling on a demurrer, a court may not consider declarations, matters not subject to judicial notice, or documents not accepted for the truth of their contents].)

  • Hearing

    Jul 10, 2020

KENNETH MOORE VS LA COUNTY BOARD OF SUPERVISORS

Legal Standard A demurrer can be used only to challenge defects that appear on the face of the pleading under attack; or from matters outside the pleading that are judicially noticeable. (Blank v. Kirwan (1985) 39 Cal 3d 311, 318.) A demurrer tests the pleadings alone and not the evidence or other extrinsic matters. (SKF Farms v. Superior Court (1984) 153 Cal. App. 3d 902, 905.)

  • Hearing

    Jul 10, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

DOUG HANSON CONSTRUCTION VS STACEY VALNES, ET AL.

A demurrer can be used only to challenge defects that appear on the face of the pleading under attack or from matters outside the pleading that are judicially noticeable. (See Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994 [in ruling on a demurrer, a court may not consider declarations, matters not subject to judicial notice, or documents not accepted for the truth of their contents].)

  • Hearing

    Jul 10, 2020

MIKE KALTA ET AL VS FLEET 101 INC ET AL

Defendant did not file a motion to tax costs, and in any event the requested costs that they challenge in their opposition are recoverable. Plaintiffs are therefore entitled to $10,563.96 in costs pursuant to their May 29, 2018 memorandum of costs. Costs on Appeal A prevailing party on appeal must file and serve a verified memorandum of costs within 40 days after issuance of remittitur. (California Rules of Court, rule 8.278(c)(1).)

  • Hearing

    Jul 10, 2020

  • Type

    Contract

  • Sub Type

    Breach

SANCHEZ V. AMERICAN HONDA MOTOR CO., INC.

Defendant did not challenge Plaintiff’s costs. Accordingly, Plaintiff is awarded $65,795 in attorney’s fees, and $5,020.40 in costs. Finally, the Court notes that Plaintiff has not filed a notice of settlement as required by California Rule of Court 3.1385. Plaintiff is ordered to file a notice of settlement within five court days. Plaintiff shall give notice of the ruling.

  • Hearing

    Jul 10, 2020

GLENN V. HAFT

The challenge is limited to the “four corners” of the pleading (which includes exhibits attached and incorporated therein) or from matters outside the pleading which are judicially noticeable under Evidence Code sections 451 or 452.

  • Hearing

    Jul 10, 2020

DEAERAY WOLLESON VS RICHARD BEHFARIN

A demurrer can be used only to challenge defects that appear on the face of the pleading under attack or from matters outside the pleading that are judicially noticeable. (See Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994 [in ruling on a demurrer, a court may not consider declarations, matters not subject to judicial notice, or documents not accepted for the truth of their contents].)

  • Hearing

    Jul 10, 2020

JUWON LEE VS POL CLOTHING, INC., A CALIFORNIA CORPORATION, AND DOES 1 THROUGH 250,

Motions to strike are used to challenge defects in the pleadings not subject to demurrer. (Ferraro v. Camarlinghi (2008) 161 Cal.App.4th 509, 529 [recognizing that an objection that the complaint failed to state facts sufficient to constitute a cause of action is ground for a general demurrer, not a motion to strike.].) Any party may move to strike the whole or any part of a pleading within the time allotted to respond to the pleading. (Code Civ. Proc., § 435, subd. (b)(1).)

  • Hearing

    Jul 10, 2020

  • Type

    Employment

  • Sub Type

    Wrongful Term

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