Defendant Penny Mac Loan Services, LLC’s general demurrer to each cause of action within the First Amended Complaint is sustained without leave to amend. (Cal. Code Civ. Proc., section 430.10, subd. (e). See also, Cal. Code Civ. Proc., section 425.10,...

Defendant Auction.com’s Demurrer to the complaint is SUSTAINED, with leave to amend.  Any amended complaint shall be filed and served on or before April 27, 2016.  Counsel are directed to review and comply with CCP § 430.41 regarding any future...

Defendant Bank of America, N.A.’s demurrer to the First Amended Complaint is sustained without leave to amend.   As to the 1st Cause of Action of Violation of Civil Code §2937, the demurrer is sustained without leave to amend.  Plaintiffs...

Defendants Pacific Indemnity Company, Inc. and Terry Kwong’s demurrer is overruled.  As to the first (breach of contract), second (breach of the covenant of good faith and fair dealing) and third causes of action (breach of fiduciary duty), the demurrer...

Plaintiffs’ Motion to Disqualify Opposing Counsel David A. Whitman is denied.  Plaintiffs expressly argue that Mr. Whitman should be disqualified (1) pursuant to the “advocate-witness rule,” and (2) for improper motive or interest.  Plaintiffs also apparently contend that Mr. Whitman...

Defendant Dhillon’s Motion for Summary Judgment is GRANTED.  On November 24, 2015, plaintiff requested a continuance of the hearing on this motion pursuant to CCP § 437c (h) on the grounds that she had recently discovered a new theory –...

 Defendant Vestrella at Gale Ranch Owners’ Association’s Motion to Strike Plaintiff’s Claim for Punitive Damages is granted.  Plaintiff failed to allege facts to support the prayer for punitive and exemplary damages.  A motion to strike lies either to strike any...

Plaintiffs’ Motion for Summary Adjudication is GRANTED in part and DENIED in part as described below.  Because that motion is not granted entirely, plaintiff’s Motion for Summary Judgment is DENIED.  The parties are ordered to meet and confer to select...

The motion to strike filed by defendants Douglas Carlton, James Meyers, and 112 Ohio Street Association (the “Association”) to the First Amended Complaint (“FAC”) is GRANTED in part and DENIED in part.  Leave to amend is granted only as stated...

The demurrer filed by defendants Douglas Carlton, James Meyers, and 112 Ohio Street Association (the “Association”) to the First Amended Complaint (“FAC”) is SUSTAINED in part and OVERRULED in part.  The court is skeptical that plaintiff can successfully amend the...