What is a Peremptory Challenge (CCP 170.6)?

Useful Rulings on Peremptory Challenge - CCP 170.6

Recent Rulings on Peremptory Challenge - CCP 170.6

176-200 of 10000 results

MARJAN FATHI, AN INDIVIDUAL VS AUDITBOARD, INC., A CORPORATION, ET AL.

Here, Plaintiff does not challenge the authenticity of her signature on the agreement; she declares that she recalls being made to sign a number of onboarding paperwork as a condition of her employment, which she now understands to have included the arbitration agreement at issue here, although nobody explained the significance of the agreement to her at the time. (Fathi Decl. ¶¶ 2–4.)

  • Hearing

    Sep 30, 2020

  • Type

    Employment

  • Sub Type

    Wrongful Term

MAURICE TUTU SWEENEY VS YEHUDA LEVY

Bilder intends to perform or is reasonably likely to perform, as that would enable Plaintiff to consider and potentially challenge the actual tests that are to be performed or are reasonably likely to be performed. It would also allow the court to evaluate the parties’ arguments without wasting time considering the reasonableness of tests that are unlikely to be used. In sum, Defendant fails to meet his burden to demonstrate good cause for the court to allow Dr.

  • Hearing

    Sep 30, 2020

STEVEN THAMES VS. CENTRAL TRANSPORT LLC

The Court further found that objectors could preserve the right to challenge an order granting final approval by bringing a motion to vacate the judgment under Code of Civ. Proc. § 663. (Id. at p. 735.) Based on Edwards, Moving Parties' interest in the terms of settlement is adequately protected by the right to opt-out or object, and by the trial court's obligations in determining whether to approve the settlement.

  • Hearing

    Sep 30, 2020

  • Type

    Employment

  • Sub Type

    Other Employment

CAROLYN PATEMAN VS DINA WEBB

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

    Sep 30, 2020

  • Type

    Other

  • Sub Type

    Intellectual Property

CENTER FOR BIOLOGICAL DIVERSITY, ET AL. VS COUNTY OF LOS ANGELES, ET AL.

The court notes CBD did not raise a substantial evidence challenge to the County’s conclusions. Adequately Disclose, Analyze or Mitigation – Native Perennial Grasslands Standard of Review: de novo/County failed to proceed as required by law. Again, CBD argues the EIR inadequately discusses native perennial grasslands. Thus, CBD claims the County failed to proceed as required by law. (See Sierra Club v. County of Fresno (2018) 6 Cal.5th 502, 515 [Friant Ranch].) CBD appears to raise a methodology issue.

  • Hearing

    Sep 30, 2020

  • Type

    Administrative

  • Sub Type

    Writ

GLENN SHELHAMER VS DR. TOWFIGH, ET AL.,

Opposing parties may challenge the fees and costs claimed. “In challenging attorney fees as excessive because too many hours of work are claimed, it is the burden of the challenging party to point to the specific items challenged, with a sufficient argument and citations to the evidence. General arguments that fees claimed are excessive, duplicative, or unrelated do not suffice. Failure to raise specific challenges in the trial court forfeits the claim on appeal. [citation omitted.]” (Lunada Biomedical v.

  • Hearing

    Sep 30, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

PATRICIA COLEMAN VS CALIBER HOME LOANS, INC.., A TEXAS CORPORATION, ET AL.

Discussion 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.) “To survive a demurrer, the complaint need only allege facts sufficient to state a cause of action; each evidentiary fact that might eventually form part of the plaintiff's proof need not be alleged.” (C.A. v. William S. Hart Union High School Dist. (2012) 53 Cal.4th 861, 872.)

  • Hearing

    Sep 30, 2020

  • Type

    Real Property

  • Sub Type

    Foreclosure

JANE HC DOE, A MINOR BY AND THROUGH HER GAURDIAN AD LITEM KIM S. VS TORRANCE UNIFIED SCHOOL DISTRICT, A CALIFORNIA LOCAL PUBLIC ENTITY, ET AL.

Either the nonparty witness who has been subpoenaed or any party to the action may challenge the deposition subpoena. Weil & Brown, Civ. Proc. Before Trial, ¶ 8:597. DISCUSSION Plaintiff requests that the court compel the Los Angeles Police Department to comply with the deposition subpoena served on June 4, 2020. Plaintiff contends that defendant Johnson had been previously convicted of two sexual crimes, one of which was investigated by the LAPD.

  • Hearing

    Sep 30, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

DBLEUDAZZLED, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY VS KHLOE KARDASHIAN, ET AL.

Here, Plaintiff alleges that the wrongful conduct constitutes both the alleged misleading statements (which Defendants challenge as protected activity) and from Defendants’ infringement of Plaintiff’s trade dress (which Defendants do not challenge as protected activity). (Complaint ¶¶ 60-61.) Accordingly, while the action is mixed in that it involves both protected and unprotected activity the protected. In Baral v.

  • Hearing

    Sep 30, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

  • Judge Elaine Lu
  • County

    Los Angeles County, CA

BARBARA DARWISH, AN INDIVIDUAL, ET AL. VS CITY OF LOS ANGELES, A MUNICIPAL CORPORATION

Plaintiffs are correct that their constitutional challenge to the city’s ordinances does not arise out of protected activity. “[C]ourts have determined anti-SLAPP motions to be inappropriate where . . . the gravamen of a lawsuit is a challenge to a city’s . . . regulations,” such as those governing land use. (USA Waste of California, Inc. v. City of Irwindale (2010) 184 Cal.App.4th 53, 63; see also City of Cotati v.

  • Hearing

    Sep 30, 2020

CLIMATE RESOLVE VS COUNTY OF LOS ANGELES, ET AL.

CR does not challenge the thresholds of significance as inappropriate. Instead, CR claims the EIR GHG analysis is misleading because the only relevant analysis for GHG is a cumulative effects analysis. The court agrees with CR’s position on a cumulative effects analysis. (Center for Biological Diversity v. Department of Fish & Wildlife [Newhall] (2015) 62 Cal.4th 204, 219.)

  • Hearing

    Sep 30, 2020

  • Type

    Administrative

  • Sub Type

    Writ

MAURICE TUTU SWEENEY VS YEHUDA LEVY

Bilder intends to perform or is reasonably likely to perform, as that would enable Plaintiff to consider and potentially challenge the actual tests that are to be performed or are reasonably likely to be performed. It would also allow the court to evaluate the parties’ arguments without wasting time considering the reasonableness of tests that are unlikely to be used. In sum, Defendant fails to meet his burden to demonstrate good cause for the court to allow Dr.

  • Hearing

    Sep 30, 2020

JEREMY DANIEL KINTNER VS CALIFORNIA DEPARTMENT OF TAX AND FEE ADMINISTRATION

In the Writ Case, CDTFA made the same arguments that it makes in the instant demurrer: Second 32 of the California Constitution requires a plaintiff who wishes to challenge a tax assessment to pay the outstanding taxes before filing a complaint to challenge the tax assessment. (California Department of Tax and Fee Administration, supra, 48 Cal.App.5th at 930; Motion at pp. 8-9.)

  • Hearing

    Sep 30, 2020

  • Type

    Other

  • Sub Type

    Intellectual Property

ORANGE COUNTY FLOOD CONTROL DISTRICT VS VAN LOON

It asserts that the only means by which the defendant may challenge the appraisal is through a motion pursuant to Code of Civil Procedure section 1255.030. That may be what the Legislature intended, but if so, it did not clearly express that intention. Section 1255.410, subdivision (a), says that the appraisal must satisfy the article beginning with section 1255.010.

  • Hearing

    Sep 30, 2020

E. J. JACKSON FOUNDATION, AN UNINCORPORATED ASSOCIATION, ET AL. VS ELLSWORTH JACKSON, JR.

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.) No other extrinsic evidence can be considered (i.e., no “speaking demurrers”). A demurrer for sufficiency tests whether the complaint states a cause of action. (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747.)

  • Hearing

    Sep 30, 2020

  • Judge Elaine Lu
  • County

    Los Angeles County, CA

CRESCENT TECHNOLOGIES LIMITED VS. ERIC HARR, ET AL

Defendant Eric Hair (“Hair") filed an answer to the complaint; defendants Vatican Challenge 2017 (“VC 2017”) and Vatican Challenge Holding, LLC (“VCH”) did not respond or answer. Their defaults were entered on January 22, 2020, Defendant Ahmad Ashkar (“Ashkar”) responded by moving to quash service of the summons for lack of personal jurisdiction. The motion was calendared for February 11, 2020.

  • Hearing

    Sep 29, 2020

LA LIVE PROPERTIES, LLC, A DELAWARE LIMITED LIABILITY COMPANY VS KA WAIKWAN, AN INDIVIDUAL, ET AL.

It is not the function of the demurrer to challenge the truthfulness of the complaint; and for purpose of the ruling on the demurrer, all facts pleaded in the complaint are assumed to be true, however improbable they may be. (Code Civ. Proc., §§422.10, 589.) 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.)

  • Hearing

    Sep 29, 2020

  • Type

    Real Property

  • Sub Type

    Landlord Tenant

ORANGE COUNTY EMPLOYEES' RETIREMENT SYSTEM VS AL MIJARES, ET AL.

On the same date, the court issued a peremptory writ of mandate to Respondents, commanding them to pay OCERS $172,667.77 in employer contributions and interest owed for fiscal year 2016-2017. Chin Decl., ¶11, Ex. F. Thereafter, the Department made its fiscal year 2016-2017 contributions, but continued to pursue a judicial declaration in the Prior Action that OCERS had no authority to collect those contributions or any future contributions from the Department. Chin Decl., ¶12.

  • Hearing

    Sep 29, 2020

  • Type

    Administrative

  • Sub Type

    Writ

CRISE VS RICHEN MA LMFT

Pyscare does not challenge, at the present time, the claims for negligent hiring or negligent retention; it only challenges the validity of the intentional tort counts as against Psycare. Plaintiff filed opposition to the demurrer. ROA 26. Psycare filed reply. ROA 27. The court has reviewed the papers, and no further submissions are authorized in connection with this demurrer. The case is set for a CMC in early 2021. ROA 5. The court expects to set a trial date at that time. 2. Applicable Standards. A.

  • Hearing

    Sep 29, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

(NO CASE NAME AVAILABLE)

Judgment Creditor also argues that any currently unnamed third party that is later identified and given notice of the assignment order could challenge the order at that time. In support of this, Judgment Creditor cites to non-binding federal cases such as Greenbaum v. Islamic Republic of Iran (C.D. Cal. 2008) 782 F.Supp.2d 893, which the Court finds unpersuasive.

  • Hearing

    Sep 29, 2020

  • County

    Los Angeles County, CA

JANE JG DOE VS LOS ANGELES UNIFIED SCHOOL DISTRICT, A CALIFORNIA LOCAL PUBLIC ENTITY, ET AL.

On March 10, 2020, this action was reassigned due to a peremptory challenge and the demurrer and motion to strike were taken off calendar.

  • Hearing

    Sep 29, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

ELISARRARAS V. HUNT

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 subject to judicial notice. (Code Civ. Proc., § 430.30(a).) The court also accepts as true the contents of any exhibits attached to the complaint, and the contents of an incorporated document will take precedence over and supersede any inconsistent or contrary allegations set out in the pleading. (Building Permit Consultants, In c. v. Mazur (2004) 122 Cal.

  • Hearing

    Sep 29, 2020

NICOLE Y JACKSON VS NK PROPERTIES INC

However, as set forth above, motions to strike in limited jurisdiction courts may only challenge pleadings on the basis that “the damages or relief sought are not supported by the allegations of the complaint.” (Code Civ. Proc. § 92, subd. (d).) Thus, the Court declines to strike any particular paragraphs or words from the Fifth Amended Complaint.

  • Hearing

    Sep 29, 2020

ADAMS VS K HOVNANIAN'S FOUR SEASONS AT BEAUMONT LL

The Court uses a 7% pre-offer allocation to avoid the burden of looking at the number of homes that were still being litigated at the time any particular cost was incurred and the additional challenge of determining whether each home was still being actively litigated at the time the particular cost was incurred or was in the process of finalizing a settlement. It also avoids plaintiff receiving a windfall of recovering more costs that she actually incurred.

  • Hearing

    Sep 29, 2020

LYNN THOMPSON VS THE DIPLOMAT CONDOMINIUM ASSOCIATION, INC., A CALIFORNIA CORPORATION, ET AL.

Nahrstedt, supra, 8 Cal.4th 361 involved a challenge to a pet restriction. Dolan-King v. Rancho Santa Fe Association, (2000) 81 Cal.App.4th 965, 979, dealt with a decision denying an owner's application for a room addition based on subjective aesthetic concerns. In Harvey v. The Landing Homeowners Association, (2008) 162 Cal.App.4th 809, 820, the court deferred to a board’s decision to use common area space as storage. None of these cases concern a reasonable accommodation request under FEHA.

  • Hearing

    Sep 29, 2020

  • Type

    Other

  • Sub Type

    Intellectual Property

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