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2024.05.23 Motion for Determination of Good Faith Settlement 512
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2024.05.23
Excerpt: ... more alleged tortfeasors or co-obligors was made in good faith. (CCP § 877.6(a).) The notice of motion or application for good faith determination must list each party and pleading or portion of pleading affected by the settlement and the date on which the affected pleading was filed. (CRC Rule 3.1382.) The California Supreme Court in Tech -Bilt, Inc. v. Woodward- Clyde & Assoc. (1985) 38 Cal.3d 488, established the standard for determining whe...
2024.05.23 Motion for Attorney Fees 967
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2024.05.23
Excerpt: ...articipation by imposing the litigation costs on the party seeking to chill the valid exercise of the constitutional rights of freedom of speech and petition for the redress of grievances. The fee-shifting provision also encourages private representation in SLAPP cases, including situations when a SLAPP defendant is unable to afford fees or the lack of potential monetary damages precludes a standard contingency fee arrangement.” (Ketchum v. Mos...
2024.05.22 Motion to Consolidate 063
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2024.05.22
Excerpt: ... Nat'l Elec. Supply Co. v. Mt. Diablo Unified Sch. Dist. (1960) 187 Cal.App.2d 418, 421.) LASC Local Rule 3.3(g)(1) further directs that consolidation cannot occur until “[a] motion to consolidate two or more cases [is] noticed and heard after the cases, initially filed in different departments, have been related into a single department, or if the cases were already assigned to that department.” Under California Rules of Court, rule 3.350(a)...
2024.05.22 Demurrer to TAC 096
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2024.05.22
Excerpt: ...via proper judicial notice. ( Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994.) A demurrer tests the pleadings alone and not the evidence or other extrinsic matters. Therefore, it lies only where the defects appear on the face of the pleading or are judicially noticed. (CCP §§ 430.30, 430.70.) At the pleading stage, a plaintiff need only allege ultimate facts sufficient to apprise the defendant of the factual basis for the claim ...
2024.05.22 Demurrer to SACC 845
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2024.05.22
Excerpt: ...g or via proper judicial notice. ( Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994.) A demurrer tests the pleadings alone and not the evidence or other extrinsic matters. Therefore, it lies only where the defects appear on the face of the pleading or are judicially noticed. (CCP §§ 430.30, 430.70.) At the pleading stage, a plaintiff need only allege ultimate facts sufficient to apprise the defendant of the factual basis for the c...
2024.05.21 Motion to Quash Subpoena Duces Tecum 373
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2024.05.21
Excerpt: ..., upon motion reaso nably made by any person described in subdivision (b), or upon the court's own motion after giving counsel notice and an opportunity to be heard, may make an order quashing the subpoena entirely, modifying it, or directing compliance with it upon those terms or conditions as the court shall declare, including protective orders. In addition, the court may make any other order as may be appropriate to protect the person from...
2024.05.20 Motion to Bifurcate Trial, Enforce Settlement 101
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2024.05.20
Excerpt: ...dgment pursuant to the terms of the settlement. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement. (b) For purposes of this section, a writing is signed by a party if it is signed by any of the following: [¶] (1) The party. [¶] (2) An attorney who represents the party. (CCP, § 664.6(a), (b)(1)- (2).) “Because of its summary nature...
2024.05.09 Motion to Compel Further Responses 525
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2024.05.09
Excerpt: ...ably calculated to lead to the discovery of admissible evidence.” (CCP § 2017.010; see Davies v. Superior Court (1984) 36 Cal.3d 291, 301.) “For discovery purposes, information is relevant if it ‘might reasonably assist a party in evaluating the case, preparing for trial, or facilitating settlement.' [Citation] Admissibility is not the test and information, unless privileged, is discoverable if it might reasonably lead to admissible eviden...
2024.05.09 Motion to Amend Judgment to Add Judgment Debtor 208
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2024.05.09
Excerpt: .... Section 187 states: “When jurisdiction is, by the Constitution or this Code, or by any other statute, conferred on a Court or judicial officer, all the means necessary to carry it into effect are also given; and in the exerci se of this jurisdiction, if the course of proceeding be not specifically pointed out by this Code or the statute, any suitable process or mode of proceeding may be adopted which may appear most conformable to the spirit ...
2024.05.08 Petition to Compel Arbitration 604
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2024.05.08
Excerpt: ...y the California Arbitration Act (“CAA”) or the Federal Arbitration Act (“FAA”), courts resolve doubts about an arbitration agreement's scope in favor of arbitration. (Moncharsh, supra, 3 Cal.4th at 9; Comedy Club, Inc. v. Improv West Assocs. (9th Cir. 2009) 553 F.3d 1277, 1284; see also Engalla v. Permanente Med. Grp., Inc. (1997) 15 Cal.4th 951, 971 -972 [“California law incorporates many of the basic policy objectives contained in th...
2024.05.08 Demurrer to TAC, Anti-SLAPP Motion 011
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2024.05.08
Excerpt: ...must be apparent on the face of the pleading or via proper judicial notice. ( Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994.) A demurrer tests the pleadings alone and not the evidence or other extrinsic matters. Therefore, it lies only where the defects appear on the face of the pleading or are judicially noticed. (CCP §§ 430.30, 430.70.) At the pleading stage, a plaintiff need only allege ultimate facts sufficient to apprise t...
2024.05.03 Motion to Compel Further Responses 525
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2024.05.03
Excerpt: ...bly calculated to lead to the discovery of admissible evidence.” (CCP § 2017.010; see Davies v. Superior Court (1984) 36 Cal.3d 291, 301.) “For discovery purposes, information is relevant if it ‘might reasonably assist a party in evaluating the case, preparing for trial, or facilitating settlement.' [Citation] Admissibility is not the test and information, unless privileged, is discoverable if it might reasonably lead to admissible evidenc...
2024.05.03 Motion to Quash 651
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2024.05.03
Excerpt: ...t been proper service of process. ( Ruttenberg v. Ruttenberg (1997) 53 Cal.App.4th 801, 808.) “When a motion to quash is properly brought, the burden of proof is placed upon the plaintiff to establish the facts of jurisdiction by a preponderance of the evidence.” ( Aquila, Inc. v. Sup. Ct. (2007) 148 Cal.App.4th 556, 568.) The plaintiff has “the burden of proving the facts that did give the court jurisdiction, that is the facts requisite to...
2024.05.03 Motion to Enter Judgment 711
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2024.05.03
Excerpt: ...t. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement. (CCP, § 664.6(a).) “Because of its summary nature, strict compliance with the requirements of section 664.6 is prerequisite to invoking the power of the court to impose a settlement agreement.” ( Sully-Miller Contracting Co. v. Gledson/Cashman Construction, Inc. (2002) 103 Cal....
2024.05.03 Motion to Vacate Default, Judgment 133
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2024.05.03
Excerpt: ...ence, surprise or neglect.” (CCP § 473(b).) The attorney affidavit of fault must contain a “straight forward admission of fault.” (State Farm Fire & Casualty Co. v. Pietak (2001) 90 Cal.App.4th 600, 610.) But it need not contain an explanation of the reasons for the attorney's mistake, inadvertence surprise or neglect. ( Martin Potts & Assocs., Inc. v. Corsair, LLC (2016) 244 Cal.App.4th 432, 438 -441.) Relief must be granted “unless the...
2024.05.01 Special Motion to Strike 275
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2024.05.01
Excerpt: ...rocedures are designed to shield a defendant's constitutionally protected conduct from the undue burden of frivolous litigation.” ( Baral v. Schnitt (2016) 1 Cal.5th 376, 393.) “The anti -SLAPP statute does not insulate defendants from any liability for claims arising from the protected rights of petition or speech. It only provides a procedure for weeding out, at an early stage, meritless claims arising from protected activity.” ( Id. at 3...
2024.05.01 Demurrer 691
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2024.05.01
Excerpt: ...r judicial notice. ( Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994.) A demurrer tests the pleadings alone and not the evidence or other extrinsic matters. Therefore, it lies only where the defects appear on the face of the pleading or are judicially noticed. (CCP §§ 430.30, 430.70.) At the pleading stage, a plaintiff need only allege ultimate facts sufficient to apprise the defendant of the factual basis for the claim against h...
2024.04.30 Motion for Leave to Amend 076
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2024.04.30
Excerpt: ... §§ 473(a)(1), 576.) Motions for leave to amend the pleadings are directed to the sound discretion of the court. “The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading . . ..” (CCP § 473(a)(1); see CCP § 576.) Policy f avors liberally granting leave to amend so that all disputed matters between the parties may be resolved. (See Howard v. County of San Diego (2010) 184 Cal.App.4th ...
2024.04.30 Demurrer, Motion to Strike 916
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2024.04.30
Excerpt: ...he pleading or via proper judicial notice. ( Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994.) A demurrer tests the pleadings alone and not the evidence or other extrinsic matters. Therefore, it lies only where the defects appear on the face of the pleading or are judicially noticed. (CCP §§ 430.30, 430.70.) At the pleading stage, a plaintiff need only allege ultimate facts sufficient to apprise the defendant of the factual basis...
2024.04.26 Motion for Stay of Proceedings 806
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2024.04.26
Excerpt: ...t in order to ensure the orderly administration of justice. (Code Civ. Proc., §§ 128, 187; Rutherford v. Owens- Illinois, Inc. (1997) 16 Cal.4th 953, 967 [“It is also well established that courts have fundamental inherent equity, supervisory, and administrative powers, as well as inherent power to control litigation before them.”].) ANALYSIS Defendants 730 N. La Cienega, LLC, Koi LP, Nick Haque, 734 LCB, LLC, and Koi Group, Inc. move to sta...
2024.04.25 Motion to Seal Docs 225
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2024.04.25
Excerpt: ...es —a prior court order must be obtained. (CRC, Rule 2.551(a); see H.B. Fuller Co. v. Doe (2007) 151 Cal.App.4th 879, 888.) To seal a record, the following requirements are imposed: (1) the party must file a motion or application for an order sealing the record, which must be accompanied by a memorandum and a declaration containing facts sufficient to justify the sealing; (2) t he party must serve a copy of the motion on all parties who have ap...
2024.04.25 Motion to Compel Initial Discovery Responses 656
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2024.04.25
Excerpt: ... “Failure to timely respond to RFA does not result in automatic admissions. Rather, the propounder of the RFA must ‘move for an order that the genuineness of any documents and the truth of any matters specified in the requests be deemed admitted, as well as for a monetary sanction' under § 2023.010 et seq.” (CCP, § 2033.280(b).) The court “shall” grant the motion to deem RFA admitted, “unless it finds that the party to whom the requ...
2024.04.24 OSC Re Preliminary Injunction 126
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2024.04.24
Excerpt: ...ined of, either for a limited period or perpetually. 2) When it appears by the complaint or affidavits that the commission or continuance of some act during the litigation would produce waste, or great or irreparable injury, to a party to the action. 3) When it appears, during the litigation, that a party to the action is doing, or threatens, or is about to do, or is procuring or suffering to be done, some act in violation of the rights of anothe...
2024.04.24 Demurrer 405
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2024.04.24
Excerpt: ...the face of the pleading or via proper judicial notice. ( Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994.) A demurrer tests the pleadings alone and not the evidence or other extrinsic matters. Therefore, it lies only where the defects appear on the face of the pleading or are judicially noticed. (CCP §§ 430.30, 430.70.) At the pleading stage, a plaintiff need only allege ultimate facts sufficient to apprise the defendant of the ...
2024.04.23 Motion for Summary Judgment, Adjudication 405
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2024.04.23
Excerpt: ...cut through the parties' pleadings in order to determine whether, despite their allegations, trial is in fact necessary to resolve their dispute.” ( Aguilar v. Atlantic Richfield Co . (2001) 25 Cal.4th 826, 843.) “A party may move for summary adjudication as to one or more causes of action within an action, one or more affirmative defenses, one or more claims for damages, or one or more issues of duty, if the party contends that the cause...

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