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2024.03.08 Motion to Compel Further Responses 865
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2024.03.08
Excerpt: ...dmissible in evidence or appears reasonably 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 mig...
2024.03.08 Motion for Leave to Amend 492
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2024.03.08
Excerpt: ...73(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 1422, 1...
2024.03.07 Motion for Leave to Amend SAC 693
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2024.03.07
Excerpt: ...nt. (CCP §§ 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....
2024.03.06 Motion for New Trial, for Judgment Notwithstanding the Verdict 023
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2024.03.06
Excerpt: ... 657, a motion for new trial may be granted if there is any: [¶] 1. Irregularity in the proceedings of the court, jury, or adverse party, or any order of the court or abuse of discretion by which either party was prevented from having a fair trial. [¶] 2. Misconduct of the jury; and whenever any one or more of the j urors have been induced to assent to any general or special verdict, or to a finding on any question submitted to them by the cour...
2024.03.06 Demurrer to SAC 940
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2024.03.06
Excerpt: ...n 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 th...
2024.03.05 Motion to Quash Service of Summons 958
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2024.03.05
Excerpt: ...roper 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 an effe...
2024.03.01 Motion to Compel Further Responses 979
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2024.03.01
Excerpt: ...ble in evidence or appears reasonably 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 rea...
2024.03.01 Motion to Add Judgment Debtor 761
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2024.03.01
Excerpt: ...judgment creditor must show, by a preponderance of the evidence, that: “(1) the parties to be added as judgment debtors had control of the underlying litigation and were virtually represented in that proceeding; (2) there is such a unity of interest and ownership that the separate personalities of the entity and the owners no longer exist; and (3) an inequitable result will follow if the acts are treated as those of the entity alone.” (Relent...
2024.03.01 Motion for Sanctions 647
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2024.03.01
Excerpt: ...ay impose a monetary sanction . . ..” (CCP §§ 2030.290(c), 2030.300(e), 2031.300(c), 2031.320(c).) Misuse of the discovery process, which includes disobeying a court order to provide discovery, is conduct subject to sancti ons. (CCP § 2023.010(g).) Possible sanctions are: (a) [A] monetary sanction ordering that one engaging in the misuse of the discovery process, or any attorney advising that conduct, or both pay the reasonable expenses, inc...
2024.02.29 Motion for Attorney Fees 264
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2024.02.29
Excerpt: ...¿(CCP § 1021.) The prevailing party on a contract, which specifically provides for attorney fees and costs incurred to enforce the agreement, is entitled to reasonable attorney fees in addition to other costs.¿(Civ. Code § 1717(a); CCP §§ 1032, 1033.5(a)(10)(A).)¿The court, upon notice and motion by a party, shall determine the prevailing party and shall fix, as an element of the costs of suit, the reasonable attorney fees.¿(Civ. Code § ...
2024.02.28 Motion for Attorney Fees 977
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2024.02.28
Excerpt: ...arty on a contract, which specifically provides for attorney fees and costs incurred to enforce the agreement, is entitled to reasonable attorney fees in addition to other costs.¿(Civ. Code § 1717(a); CCP §§ 1032, 1033.5(a)(10)(A).)¿The court, upon notice and motion by a party, shall determine the prevailing party and shall fix, as an element of the costs of suit, the reasonable attorney fees.¿(Civ. Code § 1717(a), (b).)¿Any notice of mot...
2024.02.28 Demurrer 395
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2024.02.28
Excerpt: ...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 factual b...
2024.02.27 Motion to Continue Trial 326
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2024.02.27
Excerpt: ...), “A party seeking a continuance of the date set for trial, whether contested or uncontested or stipulated to by the parties, must make the request for a continuance by a noticed motion or an ex part e application under the rules in chapter 4 of this division, with supporting declarations. The party must make the motion or application as soon as reasonably practical once the necessity for the continuance is discovered. ” Under CRC Rule 3.133...
2024.02.27 Motion for Sanctions 220
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2024.02.27
Excerpt: ... this sancti on, the court may impose a monetary sanction . . . . ” (CCP §§ 2030.290(c), 2030.300(e), 2031.300(c), 2031.320(c).) Misuse of the discovery process, which includes disobeying a court order to provide discovery, is conduct subject to sanctions. (CCP § 2023.010(g).) Possible sanction s are : (a) [A] monetary sanctio n ordering that one engaging in the misuse of the discovery process, or any attorney advising that conduct, or both ...
2024.02.15 Motion to be Relieved from Deemed Admissions 124
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2024.02.15
Excerpt: ...t: “(1) The party has subsequently served a response that is in substantial compliance with Sections 2030.210, 2030.220, and 2030.230. (2) The party's failure to serve a timely response was the result of mistake, inadvertence, or excusable neglect.” Under Code of Civil Procedure (CCP) §2033.280(c), “The court shall make this order, unless it finds that the party to whom the requests for admission have been directed has served, before the h...
2024.02.15 Motion for Attorney Fees 190
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2024.02.15
Excerpt: ...ies.¿(CCP § 1021.) The prevailing party on a contract, which specifically provides for attorney fees and costs incurred to enforce the agreement, is entitled to reasonable attorney fees in addition to other costs.¿(Civ. Code § 1717(a); CCP §§ 1032, 1033.5(a)(10)(A).)¿The court, upon notice and motion by a party, shall determine the prevailing party and shall fix, as an element of the costs of suit, the reasonable attorney fees.¿(Civ. Code...
2024.02.14 Motion to Compel Arbitration 650
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2024.02.14
Excerpt: ... agreement is governed by 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 ob...
2024.02.14 Motion for Summary Judgment, Adjudication 262
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2024.02.14
Excerpt: ...s with a mechanism to 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 co...
2024.02.14 Motion for Leave to Amend 845
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2024.02.14
Excerpt: ...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 1422, 1428.) Abse...
2024.02.14 Demurrer, Motion to Strike 503
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2024.02.14
Excerpt: ...ust 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 th...
2024.02.09 Motion for Attorney Fees 603
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2024.02.09
Excerpt: ...ling party on a contract, which specifically provides for attorney fees and costs incurred to enforce the agreement, is entitled to reasonable attorney fees in addition to other costs.¿(Civ. Code § 1717(a); CCP §§ 1032, 1033.5(a)(10)(A).)¿The court, upon notice and motion by a party, shall determine the prevailing party and shall fix, as an element of the costs of suit, the reasonable attorney fees.¿(Civ. Code § 1717(a), (b).)¿Any notice ...
2024.02.09 Demurrer to TAC 472
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2024.02.09
Excerpt: ...st 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 the ...
2024.02.08 Motion to Quash Service of Summons 241
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2024.02.08
Excerpt: ...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 an effec...
2024.02.08 Motion for Summary Adjudication 225
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2024.02.08
Excerpt: ...gh 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 of action has ...
2024.02.07 Petition to Confirm Arbitration Award 985
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2024.02.07
Excerpt: ...tion Against Public Policy; (2) Wrongful Termination in Violation of Implied Employment Agreement; (3) Racial and Color Discrimination; (4) Disability Discrimination; (5) Workplace Harassment; (6) Retaliation for Engaging in Protected Activity; (7) Failure to Provide Workplace Environment Free from Harassment Discrimination and/or Retaliation; (8) Denial of Reasonable Accommodation; and (9) Intentional Interference with Prospective Economic Relat...

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