White vs. Castagno

dismissed for failure to serve the defendant as required by Rule 3.110 on July 6, 2026. On 7/6/26, the Court continued the OSC and stated in the Minute Order: “the hearing on the Order to Show Cause as to why the complaint should not be dismissed for failure to serve the defendant as required by Rule 3.110 is continued to August 17, 2026 at 1:30 p.m. in Dept. C24. Any evidence submitted in response to the OSC is required to be filed 14 calendar days prior to the hearing.”

Aghawani has not filed a response to the OSC and the defendant has still not been served. Accordingly, the complaint is DISMISSED, without prejudice.

The Clerk will give notice.

306 White vs. Before the Court is the Demurrer filed on 5/20/26 Castagno by Defendant Joseph Castagna, Esq. (Defendant) as to the First Amended Complaint (FAC) filed on 11/19/25 by Plaintiff Russell White (Plaintiff). The Demurrer is directed to all four causes of action in the FAC.

The Demurrer as to the First Cause of Action is SUSTAINED. This Court previously ruled that the claim was time-barred as pled, as the alleged occurrence was in 2018. (ROA 26; 10/27/25 M.O.) Plaintiff argues that new facts are alleged in the FAC to show tolling under C.C.P. § 340.6(a). But he has failed to plead facts to support that assertion.

Actual injury is alleged to have occurred in 2018. (FAC ¶ ¶12-15.) Tolling based on C.C.P. § 340.6(a)(1) is thus not adequately alleged. Plaintiff asserts that Defendant continued to represent him as to the same subject matter after 2018, but has pled no facts to show that this is so. In addition, Plaintiff here asserts (Opposition, p. 4) that when he attempted to discuss the subject agreement with

Defendant in 2023 and 2024, Defendant refused to meaningfully respond. That is insufficient to show any ongoing representation of Plaintiff by Defendant. Plaintiff asserts that there was willful concealment by Defendant, but fails to allege facts stating when and how such willful concealment occurred. Plaintiff also argues that some “legal or physical disability” restricted his ability to commence this action, but he has failed to articulate any actual physical or legal disability that restricted his ability to assert a claim. Tolling based on C.C.P. § 340.6(a)(2) –(a)(4) is thus not adequately alleged.

The Demurrer as to the First Cause of Action is therefore again SUSTAINED. Plaintiff shall have 20 days leave to amend for this cause of action.

The Demurrer as to the Second, Third and Fourth Causes of Action is SUSTAINED. Granting leave to amend after a demurrer is sustained on one ground does not give the plaintiff license to add any possible cause of action that might not be subject to dismissal on that ground. (Zakk v. Diesel (2019) 33 Cal.App.5th 431, 456.) As these causes of action were added without leave to amend, the Demurrer as to each is sustained without leave to amend at present, but without prejudice to a future motion for leave to amend to assert them.

The 8/17/26 CMC is continued to 11/30/26 at 8:45am in Dept. C24.

Defendant shall give notice.

307 Anderson-Flinth The demurrer by defendant Manny Garcia to the vs. L3Harris first amended complaint (FAC) filed by plaintiff Technologies, Katherine Anderson-Flint is OVERRULED. The Inc. motion to strike is GRANTED as to paragraphs 3(a)-(h) and the prayer for injunctive relief and DENIED as to the remainder.