[Citation.] If no liability exists as a matter of law, we must affirm that part of the judgment sustaining the demurrer. [Citation.] [¶] . . . A trial court abuses its discretion if it sustains a demurrer without leave to amend when the plaintiff shows a reasonable possibility to ...
affirming trial court’s order granting defendant’s motion for summary judgment, held that plaintiff’s civil lawsuit against defendant, his former employer, alleging disability discrimination, failure to accommodate and failure to engage in interactive process in violation of California Fair Employme...
*1456Thus, to accept the District's argument would require the Court to find the Plan internally inconsistent because enforcing one part of the Plan (the stationary source plan) would violate another (the public hearing provision). Traditional rules of construction counsel against such a result, w...
By the motions now before us, plaintiffs seek summary judgment and injunctive relief only on the first cause of action. They claim that defendants' applicable rules, practices and procedures violate the due process clause of the Fourteenth Amendment.[2] Plaintiffs claim that defendants act arbitrar...
For the reasons set forth below, the Court finds to the contrary and vacates the pending preliminary injunction forthwith. SUMMARY OF RULINGS This case has included one and one-half years of litigation, a two-week trial, and extensive briefing of all issues, both pre- and post-trial. After...
reasons because it felt that the less said by the Court on that subject, the better. The plaintiffs have a right to renew the motion, and neither side should be prejudiced by a determination of what facts are or are not material or what facts to support a judgment exist without genuine ...
MEMORANDUM OF OPINION RENFREW, District Judge. This case involves a foreign corporation, plaintiff Bank of Montreal ("Bank"), and a California resident, defendant Jack Kough also known as John Keller Kough ("Kough"). Cross-motions for summary judgment are presently before the Court and there ap...
"2. That the said motion for summary judgment is denied without prejudice; "3. That said motion for dismissal or in the alternative for substitution of attorneys is denied without prejudice; "4. That the defendant is hereby permitted to deposit in the Registry of this Court the said sum of...
able to write at least a short opinion. The press of other work and the desire to speed this case on its way to the Appellate Court, prevents our so doing. These few remarks are therefore intended to assist counsel in the preparation of findings of fact, conclusions of law and judgment....