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2018.3.29 Motion for Summary Judgment, Adjudication 050
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2018.3.29
Excerpt: ...e not reasonably subject to dispute and are capable of immediate and accurate determination by resort to sources of reasonably indisputable accuracy.” (Evid. Code § 452, subds. (c), (d), and (h).) Bowler asks this court to take judicial notice of the following matters:  Defendant Joe Simpson's Demurrer in this case, filed December 5, 2015  Defendants Jessica, Ashlee, and Tina Simpson's joinder of the above Demurrer  <00480003002700480...
2018.3.29 Demurrer 400
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2018.3.29
Excerpt: ...d be sustained only where the defects appear on the face of the 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 mater...
2018.3.27 Motion to Set Aside Default 229
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2018.3.27
Excerpt: ...sal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect. Application for this relief shall be accompanied by a copy of the answer or other pleading proposed to be filed therein, otherwise the application shall not be granted, and shall be made within a reasonable time, in no case exceeding six months, after the judgment, dismissal, order, or proceeding was taken . . . . Not...
2018.3.27 Motion to Compel Production 249
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2018.3.27
Excerpt: ...arty 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 inadequate, incomplete, or evasive, or (3) an objection in the response is without merit or too general. (Code Civ. Proc., § 2031.310(a).) “The motion shall set forth specific facts showing good cause justifying the discovery sought by ...
2018.3.26 Motion to Compel Further Responses 535
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2018.3.26
Excerpt: ...and judicial departments of the United States and of any state of the United States,” “[r]ecords of (1) any court of this state or (2) any court of record of the United States or of any state of the United States,” and “[f]acts and propositions that are not reasonably subject to dispute and are capable of immediate and accurate determination by resort to sources of reasonably indisputable accuracy.” (Evid. Code § 452, subds. (c), (d), ...
2018.3.26 Motion for Terminating Sanctions 860
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2018.3.26
Excerpt: ...d of discovery,” and “[d]isobeying a court order to provide discovery.” (Code Civ. Proc., § 2023.010.) Ultimate discovery sanctions are justified where there is a willful discovery order violation, a history of abuse, and evidence showing that less severe sanctions would not produce compliance with discovery rules. (Van Sickle v. Gilbert (2011) 196 Cal.App.4th 1495, 1516.) Dismissal is a drastic measure, and terminating sanctions should on...
2018.3.26 Motion for New Trial 064
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2018.3.26
Excerpt: ...ect to dispute and are capable of immediate and accurate determination by resort to sources of reasonably indisputable accuracy.” (Evid. Code § 452, subds. (c), (d), and (h).) Guardia asks this court to take judicial notice of the following matters:  Exhibit A: A decision by the United States Court of Appeal for the Tenth Circuit, Case No. 14‐1427, filed August 15, 2016  Exhibit B: A complaint by the City of Philadelphia against Wells ...
2018.3.26 Demurrer 558
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2018.3.26
Excerpt: ...he legislative, executive, and judicial departments of the United States and of any state of the United States,” “[r]ecords of (1) any court of this state or (2) any court of record of the United States or of any state of the United States,” and “[f]acts and propositions that are not reasonably subject to dispute and are capable of immediate and accurate determination by resort to sources of reasonably indisputable accuracy.” (Evid. Cod...
2018.3.22 Motion for Appointment of Discovery Referee 773
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2018.3.22
Excerpt: ...t will appoint one to serve as the referee. Section 639, subdivision (e), provides: “When the parties do not consent, the court may, upon the application of any party, or of its own motion, direct a reference when the court in any pending action determines in its discretion that it is necessary for the court to appoint a referee to hear and determine any and all discovery motions and disputes relevant to discovery in the action and to report fi...
2018.3.21 Motion to Compel Further Responses 822
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2018.3.21
Excerpt: ...l Further as to Carrillo's Special Interrogatories is GRANTED as to Nos. 15–22, 29, and 49. The Motion is DENIED as to Special Interrogatories Nos. 7–12, 32, 37, 38, 51, and 54. Defendants are awarded sanctions in the amount of $1,600. Further responses are due in 30 days. I. MOTION TO COMPEL FURTHER RESPONSES “Any party may obtain discovery . . . by propounding to any other party to the action written interrogatories to be answered under o...
2018.3.21 Demurrer 492
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2018.3.21
Excerpt: ... § 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 alsoHahn. v. Mirda (2007) 147 Cal.App.4th 740, 747 [“A demurrer tests the plead...
2018.3.20 Motion for Terminating Issue, Evidentiary Sanctions 692
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2018.3.20
Excerpt: ...“[f]ailing to respond or to submit to an authorized method of discovery,” and “[d]isobeying a court order to provide discovery.” (Code Civ. Proc., § 2023.010.) Ultimate discovery sanctions are justified where there is a willful discovery order violation, a history of abuse, and evidence showing that less severe sanctions would not produce compliance with discovery rules. (Van Sickle v. Gilbert (2011) 196 Cal.App.4th 1495, 1516.) Dismissa...
2018.3.19 Motion for Attorney's Fees 577
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2018.3.19
Excerpt: ...ith litigating the special motion to strike; by a subsequent noticed motion, . . . or as part of a cost memorandum.” (Carpenter v. Jack In The Box Corp. (2007) 151 Cal.App.4th 454, 461.) Linde argues simply that he is the prevailing party on the anti-SLAPP motion following appeal and is therefore entitled to fees in the amount of $51,084.20. (Motion at p. 7.) Kattuah offers many arguments in response. She first argues that Linde is entitled to ...
2018.3.15 Motion to Transfer Districts 013
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2018.3.15
Excerpt: ... Judge of the Civil Division may, for the convenience of witnesses or to promote the ends of justice, transfer a civil case from one district to another. Except for proceedings concerning transfer of a Personal Injury Action, as defined in subsection (a)(1)(A), motions to transfer a civil action from one district to another, including motions based upon a failure to file the case in accordance with the requirements set forth in this Chapter must ...
2018.3.15 Motion for Terminating Sanctions 999
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2018.3.15
Excerpt: ...t order to provide discovery.” (Code Civ. Proc., § 2023.010.) Ultimate discovery sanctions are justified where there is a willful discovery order violation, a history of abuse, and evidence showing that less severe sanctions would not produce compliance with discovery rules. (Van Sickle v. Gilbert (2011) 196 Cal.App.4th 1495, 1516.) Dismissal is a drastic measure, and terminating sanctions should only be ordered when there has been previous no...
2018.3.14 Motion to Compel Deposition 561
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2018.3.14
Excerpt: ...failed to get in touch with them about potential deposition dates. (Motion at p. 4.) Castaneda claims that her counsel attempted to do so by phone but could not reach Defendants' counsel. (Opposition at p. 4.) The issue here is evidently the parties' inability to communicate and set a date for Castaneda's deposition. As such, the dispute is more properly resolved by further meet and confer efforts among the parties than by court order. The Motion...
2018.3.13 Motion for Terminating Sanctions 822
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2018.3.13
Excerpt: ...at is a misuse of the discovery process. (Code Civ. Proc., § 2023.030.) This conduct include “[f]ailing to respond or to submit to an authorized method of discovery,” and “[d]isobeying a court order to provide discovery.” (Code Civ. Proc., § 2023.010.) Ultimate discovery sanctions are justified where there is a willful discovery order violation, a history of abuse, and evidence showing that less severe sanctions would not produce compli...
2018.3.13 Demurrer 729
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2018.3.13
Excerpt: ...eading 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 con...
2018.3.12 Demurrer, Motion to Strike 199
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2018.3.12
Excerpt: ...ited States,” and “[f]acts and propositions that are not reasonably subject to dispute and are capable of immediate and accurate determination by resort to sources of reasonably indisputable accuracy.” (Evid. Code § 452, subds. (c), (d), and (h).) Defendants ask this court to take judicial notice of various court decisions and judgments, as well as administrative filings, created in the course of Cannistraci's ongoing dispute with Defendan...
2018.3.12 Demurrer 491
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2018.3.12
Excerpt: ...ubd. (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 alsoHahn. v. Mirda (2007) 147 Cal.App.4th 740, 747 [“A demurrer tests the pleadings alone an...
2018.3.12 Motion for Terminating Sanctions 261
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2018.3.12
Excerpt: ...) This conduct include “[f]ailing to respond or to submit to an authorized method of discovery,” and “[d]isobeying a court order to provide discovery.” (Code Civ. Proc., § 2023.010.) Ultimate discovery sanctions are justified where there is a willful discovery order violation, a history of abuse, and evidence showing that less severe sanctions would not produce compliance with discovery rules. (Van Sickle v. Gilbert (2011) 196 Cal.App.4t...
2018.3.6 Motion for Attorney's Fees 519
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2018.3.6
Excerpt: ...the prevailing party, then the party who is determined to be the party prevailing on the contract, whether he or she is the party specified in the contract or not, shall be entitled to reasonable attorney's fees in addition to other costs.” (Civ. Code § 1717, subd. (a).)[1] Plaintiffs here argue that attorney's fees are appropriate under JFK's Operating Agreement, which provides that the LLC will indemnify employees, officers, and members ...
2018.3.2 Motion to Transfer Venue, Request for Sanctions 819
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2018.3.2
Excerpt: ...ely motion, order transfer of an action when the court designated in the complaint is not the proper court. The moving party must overcome the presumption that the plaintiff has selected the proper venue. Thus, it is the moving defendant's burden to demonstrate that the plaintiff's venue selection is not proper under any of the statutory grounds.” (Fontaine v. Superior Court (2009) 175 Cal.App.4th 830, 836.) GM argues that venue is impr...
2018.3.1 Demurrer 071
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2018.3.1
Excerpt: ...o a demurrer or motion to strike is nine court days before the appointed hearing (Code Civ. Proc. § 1005, subd. (b), which in this case would have been February 15, nine court days before the February 28, 2018 hearing on the motion. In lieu of an opposition, Akhtar has filed a First Amended Cross-Complaint, but only did so on February 20, 2018, several days after the deadline for filing an amended pleading as a matter of right. Accordingly, the ...
2018.2.9 Motion to Compel Further Responses 050
Location: Los Angeles
Judge: Keosian, Gregory
Hearing Date: 2018.2.9
Excerpt: ...(b), and (c), responsive to Requests for Admission Nos. 25, 41, 44 57, and 63–69, in compliance with Section 2030.220 of the Code of Civil Procedure. Bowler is to produce further responses to Special Interrogatories, Set One, Nos. 2. 5, 8, 11, 29, <001b000f0003001a001400 000f0003001b0013000f[ 83, 86, 89, 92, 95, 98, 101, 104, 107, <001400170013000f000300 001500150018000f0003[in compliance with Code of Civil Procedure § 2030.220. Bowler is to p...

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