NIETO VS CREATING A LEGACY, INC.
MOTION TO BE RELIEVED AS COUNSEL FOR JESSE GARCIA
Motion type
Parties
Attorneys
Ruling
Defendants’ Request for Judicial Notice Exhibits 1 and 2 GRANTED.
Plaintiffs’ Request for Judicial Notice Exhibits 1-10 GRANTED.
Plaintiffs Evidentiary Objections 1, 2, 9 and 10 OVERRULED.
Plaintiffs Evidentiary Objections 3-8 SUSTAINED.
Defendants’ Motion to Modify Interlocutory Judgment is DENIED.
Status Conference re Removal Plan is set for 12.03.26. Parties are to file a joint status report no later than 5 court days prior to the status conference.
Plaintiffs’ Proposed Order filed 7.30.26 detailing the implementation of the Removal Plan shall be signed by the court.
2. CASE # CASE NAME HEARING NAME NIETO VS CREATING A MOTION TO BE RELIEVED AS CVPS2404518 LEGACY, INC., A COUNSEL FOR JESSE GARCIA CALIFORNIA Tentative Ruling: Hearing vacated.
Motion to be Relieved as Counsel for Jesse Garcia GRANTED.
Attorneys John Haubrich Jr. and Kandice Canchan are relieved as attorneys for Defendant Jesse Garcia upon filing the proof of service of the signed court order upon the Defendant.
3. CASE # CASE NAME HEARING NAME RESPONSE INDEMNITY COMPANY OF DEMURRER ON COMPLAINT OF CALIFORNIA, A RESPONSE INDEMNITY COMPANY OF CVPS2602348 CALIFORNIA CALIFORNIA, A CALIFORNIA CORPORATION VS CORPORATION AMTRUST NORTH AMERICA Tentative Ruling: To withstand a demurrer the complaint must contain “a statement of the facts constituting the cause of action, in ordinary and concise language.” (C.C.P. § 425.10.) “[T]he 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.) Generally a plaintiff need only plead facts necessary “to acquaint a defendant with the nature, source and extent of his claims.” (Doe v. City of Los Angeles (2007) 42 Cal.4th 531, 549-550.) On demurrer the court must assume the truth of all facts properly pled, facts that may be implied or reasonably inferred from the facts expressly alleged, and evidentiary facts that are in exhibits attached to the complaint. (Evans v. City of Berkeley (2006) 38 Cal.4th 1,
Cited authorities
Looking for case law or statutes not cited here? Search published authorities
Ask about this ruling
Examples: “Why did the court rule this way?” · “What were the procedural grounds?” · “Is appearance required?”