1) MOTION FOR CCP 128.7 SANCTIONS After considering all the papers, the Court denies Defendants’ Motion for Sanctions. The Motion does not present a sufficient foundation to support the imposition of sanctions. Many of the arguments would be more suitable for a demurrer, particularly in light of the original complaint being the focus of challenge. (See Cabral v. Soares (2007) 157 Cal.App.4th 1234, 1240; California Judges Benchbook, Civil Proceedings Before Trial (CJER 2019) § 12.52, p. 1023.) Inadequacy in pleading any facts could be addressed by granting leave to amend, which is typically liberally granted for the plaintiff’s original pleading. Alternative or inconsistent theories are generally allowed at this stage. (See Mendoza v. Rast Produce Co., Inc. (2006) 140 Cal.App.4th 1395, 1402; Rader Co. v. Stone (1986) 178 Cal.App.3d 10, 29.) To the degree that certain causes of action, like intentional infliction of emotional distress, may be of greater doubt, “[T]he issue is not merely
Hearing Date
January 25, 2021
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1) MOTION FOR CCP 128.7 SANCTIONS After considering all the papers, the Court denies Defendants’ Motion for Sanctions. The Motion does not present a sufficient foundation to support the imposition of sanctions. Many of the arguments would be more suitable for a demurrer, particularly in light of the original complaint being the focus of challenge. (See Cabral v. Soares (2007) 157 Cal.App.4th 1234, 1240; California Judges Benchbook, Civil Proceedings Before Trial (CJER 2019) § 12.52, p. 1023.) Inadequacy in pleading any facts could be addressed by granting leave to amend, which is typically liberally granted for the plaintiff’s original pleading. Alternative or inconsistent theories are generally allowed at this stage. (See Mendoza v. Rast Produce Co., Inc. (2006) 140 Cal.App.4th 1395, 1402; Rader Co. v. Stone (1986) 178 Cal.App.3d 10, 29.) To the degree that certain causes of action, like intentional infliction of emotional distress, may be of greater doubt, “[T]he issue is not merely