McDonnell vs. Ford Motor Company
Motion for Attorney Fees
Motion type
Parties
Ruling
California State Bar or is otherwise authorized to perform the particular activity pursuant to statute or court rule.
Petitioner shall submit a revised proposed final order consistent with this ruling and shall give notice.
8. 2019-1102209 McDonnell vs. Order to Show Cause re: Dismissal on Settled Case Ford Motor Company Motion for Attorney Fees is off calendar pursuant to Notice of Withdrawal filed.
9. 2025-1516057 Eslami vs. Case Management Conference Luna The general demurrer by Defendant Jessica Luna (“Luna”) to the First Amended Complaint (“Plaintiff”) filed by Plaintiff Naghi Eslami (“Plaintiff”) is sustained with leave to amend.
The Court notes Luna demurred to the FAC and not individually to each cause of action. As such, if a demurrer is overruled as to any cause of action, then the demurrer to the entire FAC shall be overruled. (See, Warren v. Atchison, T. & S. F. Ry. Co. (1971) 19 Cal.App.3d 24, 36.)
Plaintiff alleges five causes of action in Plaintiff’s FAC. Plaintiff did not allege sufficient facts to state each of the five causes of action.
“The procedural requirements for claim presentation are prerequisites to litigation against a local public entity or employee thereof based not only on tort liability, but on any claim for ‘money or damages.’ (§ 905.) A cause of action that is subject to the statutory claim procedure must allege either that the plaintiff complied with the claims presentation requirement, or that a recognized exception or excuse for noncompliance exists. A plaintiff may allege compliance with the claims requirements by including a general allegation that he or she timely complied with the claims statute. (Perez v.
Golden Empire Transit Dist. (2012) 209 Cal.App.4th 1228, 1236 [147 Cal.Rptr.3d 709].) If the plaintiff fails to include the necessary allegations, the complaint is subject to attack by demurrer. (State of California v. Superior Court (Bodde), supra, 32 Cal.4th at p. 1239, 13 Cal.Rptr.3d 534, 90 P.3d 116.)” (Gong v. City of Rosemead (2014) 226 Cal.App.4th 363, 374.)
“In order to comply with the claim presentation requirement, the facts alleged in a complaint filed in the trial court supporting a cause of action against a government employee, including the damages alleged to have been suffered by the claimant, must be
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