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RESPONSE TO PLAINTIFF’S OPPOSITION TO DEMURRER
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Adrianna Ladonna Gardner
521 W. 218TH PLACE 20 CARSON, CA 90745
Telephone: 562.674.6062 Email: adrianna.gardner@gmail.com
Defendant, pro se
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF LOS ANGELES- SOUTH CENTRAL DISTRICT
VIOLA M. PATRICK,
Plaintiff,
vs.
ADRIANNA LADONNA GARDNER, et al
Defendants.
Case No. 21CMCV00191
RESPONSE TO PLAINTIFF’S OPPOSITION TO DEMURRER
Dept.: B Judge: Hon. Fumiko C Wasserman
Hearing Date: 5/23/2023
Time: 8:30AM
Complaint Filed: 7/22/2021
Trial Date: None set
Reservation ID #424250305686
COMES NOW, ADRIANNA LADONNA GARDNER, Plaintiff pro se, and files this Response to Plaintiff’s Opposition to Demurrer.
i. Defendant does not seek to forestall the case
In Plaintiff’s response to the Demurrer, Plaintiff argues that by filing the demurrer, Defendant seeks to forestall the case. Plaintiff terms the demurrer a “frivolous motion”. Plaintiff further alleges that Defendant has failed to adhere to mediation, which, according to Plaintiff, is set for 5/18/2023.
Frivolous” is defined as “totally and completely without merit or for the sole purpose of harassing an opposing party.” (Code Civ. Proc., § 128.5(b)(2).) A filing is frivolous where it can
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be said that it indisputably has no merit, such that any reasonable attorney would agree that it is totally and completely without merit. Corbett v. Hayward Dodge, Inc. (2004) 119 Cal.App.4th 915, 922.
Defendant notes that, contrary to Plaintiff’s assertions, none of Defendant’s filings amounts to a frivolous filing. Defendant’s demurrer, specifically, was filed with merit, and highlighted glaring faults in Plaintiff’s Amended Complaint. Defendant asserts that instead, it is Plaintiff who is frivolous. Notably, despite being ordered by Judge Bird to meet and confer by 10/13/2022, Plaintiff failed to meet and confer by said date. The court then ordered the Plaintiff to again meet and confer with Defendant before 1/10/23. Still, the Plaintiff did not file a stipulation for or demand for arbitration with Judge Rise Picheon by the self-proposed deadline of 2/23/2023. Further, the Plaintiff did not respond to calls and emails made to their attorney on 1/23/23, 2/10/23 and 3/6/2023, which requested either follow-through on the arbitration agreement or a meet and confer for dismissal.
The foregoing demonstrates a lack of effort on the plaintiff’s part to resolve the issues outside of court, as well as a lack of credibility in their representations to the court. Plaintiff’s argument that Defendant appears to avoid mediation, has no foundation or basis in fact.
ii. Plaintiff has not responded to any of Defendant’s challenge to the allegations cited in the Amended Complaint
When handling a demurrer, the Court must determine “whether there is a reasonable possibility that the defect [in the pleading] can be cured by amendment. … The burden of proving such reasonable possibility is squarely on the plaintiff.” Blank v. Kirwan (1985) 39 Cal.3d 311 , 216 Cal.Rptr. 718; 703 P.2d 58.
In the instant action, Plaintiff has not provided any concrete response to each of the shortcomings pointed out in the Amended Complaint. For instance, Defendant’s demurrer notes clearly how the Amended Complaint fails to state a cause of action under the legal theories and/or doctrines raised in the causes of action. It is reasonable expected that in her response to the demurrer, Plaintiff would address these shortcomings as highlighted by Defendant. However, Plaintiff fails to challenge and/or address with reasonable particularity, the issues
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raised by Defendant in the demurrer. The foregoing therefore shows how Plaintiff has failed to clearly evidence their grounds for their claims in the Amended Complaint. The Amended Complaint should be dismissed on this limb.
iii. Instead, Plaintiff should be sanctioned for making frivolous arguments and claims
Whether an action is frivolous is governed by an objective standard: any reasonable attorney would agree it is totally and completely without merit. See In re Marriage of Sahafzadeh-Taeb & Taeb, 39 Cal.App.5th 124, 135 (Cal. Ct. App. 2019). There must also be a showing of not only a frivolous tactic, strategy or action, but also an improper purpose such as subjective bad faith on the part of the attorney or party to be sanctioned. See Campbell v. Cal-Gard Surety Services, Inc. (1998) 62 Cal.App.4th 563, 573–574, 73 Cal.Rptr.2d 64.
Defendant has shown how Plaintiff has failed to cooperate with Defendant to meet and confer. Plaintiff further goes ahead to allege that Defendant avoids mediation and files frivolous motions. It is Defendant’s reasonable assertion that Plaintiff should be sanctioned for abusing this Honorable Court’s time and process. It is absurd for Plaintiff to demand for mediation yet they commit actions that frustrate Defendant’s efforts to seek a meet and confer as required by the law. It follows; this Court should sanction Plaintiff for their frivolous conduct.
WHEREFORE Defendant requests this Honorable Court deny Plaintiff’s response to Defendant’s demurrer. Defendant also prays this Court orders Plaintiff to pay $3,000 as sanctions for making frivolous claims. Lastly, Defendant prays for any other Order this Court deems just.
[Respectfully submitted,]
Dated: [DATE]
By: _________________________________
Adrianna Ladonna Gardner
Defendant, pro se
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