Recent content by aviddiver

Hello, I am now a bit confuse and wondering if I can get some advise. The demurrer was sustained and I was given 10 days to amend my complaint. I have submitted my first amended complaint (FAC) on time. What happens now? I have sent a request for production of documents before the demurrer...

As I have been evicted by way of Writ of possession, my research continues. A plaintiff (LandLord) may apply for a writ of possession by way of a noticed motion, or in proper circumstances by ex parte motion. This area of law is governed by Sections 512.010, et. seq., of the California Code...

Thank you for the link, jacksgal. Thank you for your opinion, mightymoose. I believe that the stipulation I signed is one thing whle the due process is another. The LL atty had me pay a month's rent before before agreeing to a stip. Then, his condition says that I pay a month's rent on the...

Thank you, wisemans_voyage, for your post. I appreciate such constructive criticism which will help me prepare for a more vicious argument from the defendant. I understand that my case does not have any direct evidence to suggest any age discrimination and that is why I am relying on a...

This question was posted in a miscelaneous forum. I tought of posting this in a more appropriate forum and perhaps I can get some leads. I was unemployed from beginning of 2010. By September, I received a UD from landlord. The hearing date was 11/01/2010. I was offered a job the week before...

PART 4: FIRST CAUSE OF ACTION Age Discrimination in Violation of California Government Code § 12940, et seq. 48. Plaintiff hereby incorporates by reference all other paragraphs in this Complaint, as though fully set forth herein. 49. Defendant DEPENDANT is an “employer” within the...

PART 3: Discrimination Based on National Origin 37. PLAINTIFF is a Filipino male of Ethnic background and with all the physical characteristics of a Filipino who was born in the Philippines. 38. Upon information and belief, PLAINTIFF is the only Filipino employee in the entire Department...

PART 2: FACTUAL ALLEGATIONS COMMON TO ALL CAUSES OF ACTIONS Discrimination Based on Age 11. PLAINTIFF was born on January 7th of 1960. PLAINTIFF was 45 years old when he was hired at DEFENDANT under Sr. Manager MGR1, who is not a party to this action. 12. PLAINTIFF was hired as a Project...

This is my entire Complaint with modified names. Part 1 ---------------- COME NOW Plaintiff for his Complaint in the above-captioned action and state to this Honorable Court as follows: PRELIMINARY STATEMENT 1. PLAINTIFF, former Project Manager/Technical Lead for DEPENDANT, brings this...

TENTATIVE RULING: 1. Standard for Demurrer. A demurrer may only be sustained if the complaint fails to state a cause of action under any possible legal theory. Fox v. Ethicon Endo-Surgery, Inc., 35 Cal.4th 797, 810 (2005); McCall v. PacifiCare of Cal.,Inc., 25 Cal.4th 412, 415 (2001); Aubry...

Hello to everyone. 300+ views tells a lot. I have received good advise here and I am hoping to get some more help in preparing for my hearing this Friday. In return, I will also post some things I have gotten through my research from books like CA Civil Practice (Employment Litigation; CA...

No offense to wisemans_voyage. At the time, I didn't realize that judicial notice can be another case or case law. If so, I can request the McDonnell Douglas analysis (used in both fed and state cases) for disparate treatment theory in discrimination cases where there are no direct evidence. But...

Sorry, I should have posted what was demurred. Defendant claims that the pleading does not state facts sufficient to constitute a cause of action for all causes of actions (Cal. Code of Civ. Proc. 430.10(e)) - age, national origin, retaliation, and wrongful termination. This is a general...

I agree, fredrikklaw does. Although I did not file for default, I am preparing my opposition to demurrer and first argument is the untimely filing of response to complaint. Still remains is my question above - Can I include exhibits to my opposition? Or do I bring evidence to the hearing? I've...

Thank you for the heads-up, seniorjudge. I have been researching judicial notice all day and wisemans_voyage does not seem to agree with anything. However, he raised a good point and for me to research on and is this: Can I introduce exhibits to support my allegations in the opposition to...