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2022.10.31 Demurrer to FAC, Motion to Strike 911
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2022.10.31
Excerpt: ...t does not allege facts that are legally sufficient to constitute a cause of action. (See id. § 430.10, subd. (e).) As the Supreme Court held in Blank v. Kirwan (1985) Cal.3d 311: “We treat the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law. . . . Further, we give the complaint a reasonable interpretation, reading it as a whole and its parts in their context.” (Id. at ...
2022.10.31 Demurrer 404
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2022.10.31
Excerpt: ...appear on the face of the pleading or are judicially noticed. (Code Civ. Pro., §§ 430.30, et seq.) A court should sustain a demurrer if a complaint does not allege facts that are legally sufficient to constitute a cause of action. (See id. § 430.10, subd. (e).) As the Supreme Court held in Blank v. Kirwan (1985) Cal.3d 311: “We treat the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions...
2022.10.28 Motion for Attorney Fees 904
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2022.10.28
Excerpt: ...er this section, the buyer shall be allowed by the court to recover as part of the judgment a sum equal to the aggregate amount of costs and expenses, including attorney's fees based on actual time expended, determined by the court to have been reasonably incurred by the buyer in connection with the commencement and prosecution of such action. (Civ. Code § 1794, subd. (d).) “It is well established that the determination of what constitutes rea...
2022.10.28 Demurrer 452
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2022.10.28
Excerpt: .... (See id. § 430.10, subd. (e).) As the Supreme Court held in Blank v. Kirwan (1985) Cal.3d 311: “We treat the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law. . . . Further, we give the complaint a reasonable interpretation, reading it as a whole and its parts in their context.” (Id. at p. 318; see also Hahn. v. Mirda (2007) 147 Cal.App.4th 740, 747 [“A demurrer test...
2022.10.27 Demurrer, Motion to Strike SACC 889
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2022.10.27
Excerpt: ...e pleading or are judicially noticed. (Code Civ. Pro., §§ 430.30, et seq.) In particular, as is relevant here, a court should sustain a demurrer if a complaint does not allege facts that are legally sufficient to constitute a cause of action. (See id. § 430.10, subd. (e).) As the Supreme Court held in Blank v. Kirwan (1985) Cal.3d 311: “We treat the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or...
2022.10.27 Demurrer to FAC, Motion to Strike 083
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2022.10.27
Excerpt: ...t does not allege facts that are legally sufficient to constitute a cause of action. (See id. § 430.10, subd. (e).) As the Supreme Court held in Blank v. Kirwan (1985) Cal.3d 311: “We treat the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law. . . . Further, we give the complaint a reasonable interpretation, reading it as a whole and its parts in their context.” (Id. at ...
2022.10.26 Motion to Strike 052
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2022.10.26
Excerpt: ...use of action, count or defense. (California Rules of Court Rule 3.1322.) The grounds for a motion to strike shall appear on the face of the challenged pleading or form any matter of which the court is required to take judicial notice. (Code Civ. Proc., § 437(a)). The court then may strike out any irrelevant, false, or improper matter inserted in any pleading and strike out all or any part of any pleading not drawn or filed in conformity with th...
2022.10.26 Motion to Compel Further Responses 613
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2022.10.26
Excerpt: ...§ 2031.010.) A party may likewise conduct discovery by propounding interrogatories to another party to be answered under oath. (Code Civ. Proc. § 2030.010, subd. (a).) The responding party must respond to the production demand either by complying, by representing that the party lacks the ability to comply, or by objecting to the demand. (Code Civ. Proc., § 2031.210.) The responding party must respond to the interrogatories by answering or obje...
2022.10.26 Demurrer to FAC, Motion to Strike 822
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2022.10.26
Excerpt: ...t does not allege facts that are legally sufficient to constitute a cause of action. (See id. § 430.10, subd. (e).) As the Supreme Court held in Blank v. Kirwan (1985) Cal.3d 311: “We treat the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law. . . . Further, we give the complaint a reasonable interpretation, reading it as a whole and its parts in their context.” (Id. at ...
2022.10.24 Motion to Quash Deposition Subpoena, for Sanctions 705
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2022.10.24
Excerpt: ... following: ¶ (a) Only the attendance and the testimony of the deponent …. ¶ (b) Only the production of business records for copying …. ¶ (c) The attendance and the testimony of the deponent, as well as the production of business records, other documents, electronically stored information, and tangible things ….” (Civ. Code Proc., § 2020.020.) “If a subpoena requires the attendance of a witness or the production of books, documents,...
2022.10.20 Motion for Judgment on the Pleadings 615
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2022.10.20
Excerpt: ...c., § 438, subd. (c)(1)(B).) The standard for granting a motion for judgment on the pleadings is essentially the same as that applicable to a general demurrer. (Burnett v. Chimney Sweep (2004) 123 Cal.App.4th 1057, 1064.) Thus, it may be granted if, from the pleadings, together with matters that may be judicially noticed, it appears that a party is entitled to judgment as a matter of law. (Code Civ. Proc., § 438(d); Saltarelli & Steponovich v. ...
2022.10.20 Demurrer 953
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2022.10.20
Excerpt: ...re legally sufficient to constitute a cause of action. (See id. § 430.10, subd. (e).) As the Supreme Court held in Blank v. Kirwan (1985) Cal.3d 311: “We treat the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law. . . . Further, we give the complaint a reasonable interpretation, reading it as a whole and its parts in their context.” (Id. at p. 318; see also Hahn. v. Mird...
2022.10.18 Motion to Strike Complaint 810
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2022.10.18
Excerpt: ...to respond to a pleading, may serve and file a notice of motion to strike the whole or any part thereof. (Code Civ. Proc., § 435(b)(1)). The notice of motion to strike a portion of a pleading shall quote in full the portions sought to be stricken except where the motion is to strike an entire paragraph, cause of action, count or defense. (California Rules of Court Rule 3.1322.) The grounds for a motion to strike shall appear on the face of the c...
2022.10.18 Motion to Compel Further Responses 786
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2022.10.18
Excerpt: ... I. MOTION TO COMPEL FURTHER “A party may demand that any other party produce . . . a document that is in the possession, custody, or control of the party on whom the demand is made.” (Code Civ. Proc., § 2031.010(b).) The demanding party may move for an order compelling further response to the demand if the demanding party deems that (1) a statement of compliance with the demand is incomplete, (2) a representation of inability to comply is i...
2022.10.14 Motion to Compel Arbitration 663
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2022.10.14
Excerpt: ...st for the revocation of the agreement; or (3) “[a] party to the arbitration agreement is also a party to a pending court action or special proceeding with a third party, arising out of the same transaction or series of related transactions and there is a possibility of conflicting rulings on a common issue of law or fact.” (Code Civ. Proc., § 1281.2.) “[T]he party moving to compel arbitration bears the burden of establishing the existence...
2022.10.13 Motion to Compel Arbitration 943
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2022.10.13
Excerpt: ...r the petitioner and respondent to arbitrate the controversy if it determines the arbitration agreement exists, unless (1) the petitioner has waived its right to arbitrate; (2) grounds exist for the revocation of the agreement; or (3) “[a] party to the arbitration agreement is also a party to a pending court action or special proceeding with a third party, arising out of the same transaction or series of related transactions and there is a poss...
2022.10.13 Motion for Attorney Fees 749
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2022.10.13
Excerpt: ...which he lacks personal knowledge. The other objections are OVERRULED. II. MOTION FOR ATTORNEY FEES Parties to litigation must generally bear their own attorney's fees, unless they otherwise agree. (Code Civ. Proc. § 1021.) However, the Song-Beverly Act provides for the award of attorneys' fees to prevailing plaintiffs as follows: If the buyer prevails in an action under this section, the buyer shall be allowed by the court to recover as part of...
2022.10.12 Motions to Compel Deposition and Inspection 833
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2022.10.12
Excerpt: ...st include a meet-and-confer declaration and show good cause for the discovery sought. (Code Civ. Proc. § 2025.450, subd. (b)(1), (2).) Defendant Roman Catholic Archbishop of Los Angeles (Defendant) moves to compel a third session of Plaintiff Rosa Mendoza's deposition, pursuant to a third deposition notice served on July 18, 2022. Prior deposition sessions took place on March 21 and June 9, 2022. (Martinez Decl. ¶¶ 6, 9.) Although the two ses...
2022.10.12 Motions for Judgment on the Pleadings 927
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2022.10.12
Excerpt: ...a complaint does not state facts sufficient to constitute a cause of action against that defendant, then the court should grant a defendant's motion only if the court finds as a matter of law that the complaint fails to allege facts sufficient to constitute the cause of action. (See id., § 438 subd. (c)(1)(B)(ii); see also Mechanical Contractors Assn. v. Greater Bay Area Assn. (1998) 66 Cal.App.4th 672, 677.) “The standard for granting a motio...
2022.10.12 Motion to Compel Arbitration 688
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2022.10.12
Excerpt: ...reement; or (3) “[a] party to the arbitration agreement is also a party to a pending court action or special proceeding with a third party, arising out of the same transaction or series of related transactions and there is a possibility of conflicting rulings on a common issue of law or fact.” (Code Civ. Proc., § 1281.2.) “[T]he party moving to compel arbitration bears the burden of establishing the existence of a valid agreement to arbitr...
2022.10.12 Motion for Leave to File FAC 699
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2022.10.12
Excerpt: ...party, or a mistake in any other respect; and may, upon like terms, enlarge the time for answer or demurrer. The court may likewise, in its discretion, after notice to the adverse party, allow, upon any terms as may be just, an amendment to any pleading or proceeding in other particulars; and may upon like terms allow an answer to be made after the time limited by this code. “The trial court has discretion to permit or deny the amendment of the...
2022.10.11 Motion to Compel Arbitration 658
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2022.10.11
Excerpt: ...e arbitration agreement exists, unless (1) the petitioner has waived its right to arbitrate; (2) grounds exist for the revocation of the agreement; or (3) “[a] party to the arbitration agreement is also a party to a pending court action or special proceeding with a third party, arising out of the same transaction or series of related transactions and there is a possibility of conflicting rulings on a common issue of law or fact.” (Code Civ. P...
2022.10.11 Motion to Compel Arbitration 317
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2022.10.11
Excerpt: ...or (3) “[a] party to the arbitration agreement is also a party to a pending court action or special proceeding with a third party, arising out of the same transaction or series of related transactions and there is a possibility of conflicting rulings on a common issue of law or fact.” (Code Civ. Proc., § 1281.2.) “[T]he party moving to compel arbitration bears the burden of establishing the existence of a valid agreement to arbitrate, and ...
2022.10.07 Motion for Summary Judgment 778
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2022.10.07
Excerpt: ...ly deducible from the evidence and uncontradicted by other inferences or evidence, show that there is no triable issue as to any material fact and that the moving party is entitled to judgment as a matter of law,” the moving party will be entitled to summary judgment. (Adler v. Manor Healthcare Corp. (1992) 7 Cal.App.4th 1110, 1119.) A motion for summary adjudication may be made by itself or as an alternative to a motion for summary judgment an...
2022.10.05 Motion to Tax Costs 134
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2022.10.05
Excerpt: ...is extended as provided in Code of Civil Procedure section 1010.6(a)(4).” (California Rules of Court Rule 3.1700, subd. (b)(1).) “Code of Civil Procedure section 1032, subdivision (b) [], guarantees prevailing parties in civil litigation awards of the costs expended in the litigation: ‘Except as otherwise expressly provided by statute, a prevailing party is entitled as a matter of right to recover costs in any action or proceeding.'” (Wil...

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