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2023.02.15 Motion for Reconsideration 562
Location: Los Angeles
Judge: Murillo, Serena R
Hearing Date: 2023.02.15
Excerpt: ...at Hub could have conducted this surveillance footage of Hub. Alternatively (or in addition), Petitioner may offer supplemental information as to the origination of this surveillance footage. Claimant Said Mohammed Said may then respond to Petitioner's in his own supplemental brief at least 5 days before the next hearing. Both parties are also ordered to show when notice of the Court's July 22, 2022 ruling was given. Legal Standard A party's righ...
2023.02.14 Motions to Compel Responses, for Sanctions 354
Location: Los Angeles
Judge: Murillo, Serena R
Hearing Date: 2023.02.14
Excerpt: ...in the request for admissions served on Defendant. Plaintiff's requests for sanctions against Defendant are GRANTED. Defendant Gloria Tellez is ordered to pay sanctions in the amount of $660 to Plaintiff within 30 days of this order. Plaintiff's counsel is ordered to pay $120 in filing fees. Legal Standard Compel Interrogatories If a party to whom interrogatories are directed fails to serve a timely response, the propounding party may move for an...
2023.02.14 Motion to Set Aside Default 629
Location: Los Angeles
Judge: Murillo, Serena R
Hearing Date: 2023.02.14
Excerpt: ...eglect. 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. (Code Civ. Proc., § 473(b).) CCP § 473.5—Lack of Actual Notice CCP § 473.5(a) provides: “When service of a summons has not res...
2023.02.14 Motion to Continue Trial 492
Location: Los Angeles
Judge: Murillo, Serena R
Hearing Date: 2023.02.14
Excerpt: ...ue to “death, illness, or other excusable circumstances”; (2) the addition of a new party depriving the new party (or other parties) from conducting discovery and preparing for trial; (3) “excused inability to obtain essential testimony, documents, or other material evidence despite diligent efforts”; or (4) “[a] significant, unanticipated change in the status of the case” preventing it from being ready for trial. (Id., Rule 3.1332(c)...
2023.02.10 Motion to Enforce Settlement, for Entry of Judgment 934
Location: Los Angeles
Judge: Murillo, Serena R
Hearing Date: 2023.02.10
Excerpt: ...section 664.6 provides: “(a) [i]f parties to pending litigation stipulate, in a writing signed by the parties outside the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment 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...
2023.02.10 Motion for Terminating Sanctions 810
Location: Los Angeles
Judge: Murillo, Serena R
Hearing Date: 2023.02.10
Excerpt: ...nd after opportunity for hearing, may impose... [monetary, evidence, and terminating] sanctions against anyone engaging in conduct that is a misuse of the discovery process...." CCP section 2023.010 provides that "[m]issues of the discovery process include, but are not limited to, the following:... (d) Failing to respond or to submit to an authorized method of discovery.... (g) Disobeying a court order to provide discovery...." "The trial court m...
2023.02.09 Motion to Continue Trial 696
Location: Los Angeles
Judge: Murillo, Serena R
Hearing Date: 2023.02.09
Excerpt: ...z struck Plaintiff with a vehicle owned by EAN Holdings, LLC when Plaintiff was a pedestrian, causing him to lose his balance and fall on the pavement face first, landing on his left shoulder. On December 21, 2021, Plaintiff filed a first amended complaint (FAC). On January 6, 2023, Defendant EAN Holdings, LLC filed this motion to continue trial. Plaintiff filed an opposition on January 27, 2023. Defendant filed a reply on February 1, 2023. Trial...
2023.02.08 Motion to Disqualify 503
Location: Los Angeles
Judge: Murillo, Serena R
Hearing Date: 2023.02.08
Excerpt: ...otice may be taken of the following matters: (d) Record of (1) any court of this state…” (Evidence Code section 452(d)(1).) In its reply to Plaintiff's opposition, Defendant asks the Court to take judicial notice of this Court's ruling granting a motion to disqualify involving the same parties, in its 10/25/2021 minute order, in the following case: Alba Cocrhan v. Costco, BC708124. The request is GRANTED. The Court notes that Plaintiff's oppo...
2023.02.08 Motion to Compel Neuropsychological Exam 756
Location: Los Angeles
Judge: Murillo, Serena R
Hearing Date: 2023.02.08
Excerpt: ... include any diagnostic test or procedure that is painful, protracted, or intrusive. (2) The examination is conducted at a location within 75 miles of the residence of the examinee.” (Code Civ. Proc., § 2032.220(a).) If any party desires to obtain discovery by a physical examination other than that described in Article 2 (commencing with Section 2032.210), or by a mental examination, the party shall obtain leave of court.” (Code Civ. Proc., ...
2023.02.08 Motion for Sanctions 306
Location: Los Angeles
Judge: Murillo, Serena R
Hearing Date: 2023.02.08
Excerpt: ...ase in the cost of litigation. 2) the claims, defenses, and other legal contentions therein are not warranted by existing law or by a nonfrivolous argument for the extension, modification, or reversal of existing law or the establishment of new law. 3) the allegations and other factual contentions have no evidentiary support; 4) the denials of factual contentions are not warranted on the evidence. CCP section 128.7 permits the Court to impose mon...
2023.02.08 Demurrer 541
Location: Los Angeles
Judge: Murillo, Serena R
Hearing Date: 2023.02.08
Excerpt: ...ress causes of action. The demurrer is sustained without leave to amend as to the negligent infliction of emotional distress cause of action. Defendants LAUSD, Walker and Davis' motion to strike is GRANTED with 30 days leave to amend. Meet and Confer The demurrer and motion to strike are accompanied by the declaration of Diana Cho which satisfies the meet and confer requirements. (Code Civ. Proc. §§ 430.41, 435.5.) Legal Standard Demurrer A dem...
2023.02.07 Motion to Compel Second IME 300
Location: Los Angeles
Judge: Murillo, Serena R
Hearing Date: 2023.02.07
Excerpt: ...ng from a vehicle collision that occurred on August 28, 2018. On January 10, 2023, Defendants filed the instant motion to compel Plaintiff to attend a second independent medical examination. On January 25, 2023, Plaintiff filed an opposition. On January 31, 2023, Defendants filed a reply. Summary Moving Arguments Defendants argue that good cause exists to compel Plaintiff to submit to an orthopedic examination of plaintiff's knees to take place w...
2023.02.03 Motion to Augment or Substitute Expert Witness Designation 718
Location: Los Angeles
Judge: Murillo, Serena R
Hearing Date: 2023.02.03
Excerpt: ...nt leave to either or both of the following: (1) augment that party's expert witness list and declaration by adding the name and address of any expert witness whom that party has subsequently retained, or (2) amend that party's expert witness declaration with respect to the general substance of the testimony that an expert previously designated is expected to give. (Code Civ. Proc., § 2034.610, subd. (a).) This motion shall be made a sufficient ...
2023.02.02 Motions to Compel Responses, for Sanctions 180
Location: Los Angeles
Judge: Murillo, Serena R
Hearing Date: 2023.02.02
Excerpt: ...hin 30 days of this order. Legal Standard Compel Interrogatories If a party to whom interrogatories are directed fails to serve a timely response, the propounding party may move for an order compelling responses and for a monetary sanction. (Code Civ. Proc., § 2030.290, subd. (b).) The statute contains no time limit for a motion to compel where no responses have been served. All that need be shown in the moving papers is that a set of interrogat...
2023.02.02 Motion for Reconsideration 760
Location: Los Angeles
Judge: Murillo, Serena R
Hearing Date: 2023.02.02
Excerpt: ...ntry of the order . . . [may] make application to the same judge or court that made the order, to reconsider the matter and modify, amend, or revoke the prior order. The party making the application shall state by affidavit what application was made before, when and to what judge, what order or decisions were made, and what new or different facts, circumstances, or law are claimed to be shown.” (Code Civ. Proc., § 1008(a).) A trial court has d...
2023.01.31 Demurrer 456
Location: Los Angeles
Judge: Murillo, Serena R
Hearing Date: 2023.01.31
Excerpt: ...f Mark J. Austin which satisfies the meet and confer requirements. (Code Civ. Proc. § 430.41.) Request for Judicial Notice Defendant requests that the Court take judicial notice of public records that it has not received, and there is no public record of the City ever receiving, a claim from either Plaintiff Castellanos or Plaintiff Holloman. Although the existence of a document may be judicially noticeable, the truth of statements contained in ...
2023.01.27 Demurrer 458
Location: Los Angeles
Judge: Murillo, Serena R
Hearing Date: 2023.01.27
Excerpt: ... Angeles Dept. of Water and Power (2006) 144 Cal.App.4th 1216, 1228.) In a demurrer proceeding, the defects 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.” (SKF...
2023.01.20 Motion to Quash Subpoena for Business Records, for Sanctions 422
Location: Los Angeles
Judge: Murillo, Serena R
Hearing Date: 2023.01.20
Excerpt: ...s or the production of documents, electronically stored information, or other things before a court or at the taking of a deposition, the court, upon motion “reasonably made” by the party, the witness, or any consumer whose personal records are sought, 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 t...
2023.01.20 Motion for Reconsideration 321
Location: Los Angeles
Judge: Murillo, Serena R
Hearing Date: 2023.01.20
Excerpt: ...the order . . . [may] make application to the same judge or court that made the order, to reconsider the matter and modify, amend, or revoke the prior order. The party making the application shall state by affidavit what application was made before, when and to what judge, what order or decisions were made, and what new or different facts, circumstances, or law are claimed to be shown.” (Code Civ. Proc., § 1008(a).) A trial court has discretio...
2023.01.20 Demurrer 691
Location: Los Angeles
Judge: Murillo, Serena R
Hearing Date: 2023.01.20
Excerpt: ...murrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law ….” (Berkley v. Dowds (2007) 152 Cal.App.4th 518, 525).) In a demurrer proceeding, the defects 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; the...
2023.01.19 Motion for Summary Judgment 306
Location: Los Angeles
Judge: Murillo, Serena R
Hearing Date: 2023.01.19
Excerpt: ...there is no triable issue as to any material fact and that the moving party is entitled to judgment as a matter of law.” (Adler v. Manor Healthcare Corp. (1992) 7 Cal.App.4th 1110, 1119.) Where a defendant seeks summary judgment or adjudication, he must show that either “one or more elements of the cause of action, even if not separately pleaded, cannot be established, or that there is a complete defense to that cause of action.” (Id. at §...
2023.01.19 Motion for Summary Judgment 195
Location: Los Angeles
Judge: Murillo, Serena R
Hearing Date: 2023.01.19
Excerpt: ...Civil Procedure section 437c, subdivision (c), requires the trial judge to grant summary judgment if all the evidence submitted, and ‘all inferences reasonably 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.” (Adler v. Manor Healthcare Corp. (1992) 7 Cal.App.4th 1110, 1119.) “On a...
2023.01.18 Motion for Summary Judgment, Adjudication 577
Location: Los Angeles
Judge: Murillo, Serena R
Hearing Date: 2023.01.18
Excerpt: ...he need for trial. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 843.) CCP Section 437c(c) “requires the trial judge to grant summary judgment if all the evidence submitted, and ‘all inferences reasonably 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.” (Adler v. Manor...
2023.01.18 Motion for Leave to Amend Complaint 262
Location: Los Angeles
Judge: Murillo, Serena R
Hearing Date: 2023.01.18
Excerpt: ...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.”¿ “This discretion should be exercised liberally in favor of amendments, fo...
2023.01.18 Demurrer 355
Location: Los Angeles
Judge: Murillo, Serena R
Hearing Date: 2023.01.18
Excerpt: ...ourt “treat[s] the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law ….” (Berkley v. Dowds (2007) 152 Cal.App.4th 518, 525).) In a demurrer proceeding, the defects 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...
2023.01.17 Motion for Summary Judgment 742
Location: Los Angeles
Judge: Murillo, Serena R
Hearing Date: 2023.01.17
Excerpt: ... Civil Procedure section 437c, subdivision (c), requires the trial judge to grant summary judgment if all the evidence submitted, and ‘all inferences reasonably 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.” (Adler v. Manor Healthcare Corp. (1992) 7 Cal.App.4th 1110, 1119.) “On ...
2023.01.13 Motion to Continue Trial 955
Location: Los Angeles
Judge: Murillo, Serena R
Hearing Date: 2023.01.13
Excerpt: ...d cause,” which includes (without limitation): (1) unavailability of trial counsel or witnesses due to “death, illness, or other excusable circumstances”; (2) the addition of a new party depriving the new party (or other parties) from conducting discovery and preparing for trial; (3) “excused inability to obtain essential testimony, documents, or other material evidence despite diligent efforts”; or (4) “[a] significant, unanticipated...
2023.01.13 Motion to Compel IME 833
Location: Los Angeles
Judge: Murillo, Serena R
Hearing Date: 2023.01.13
Excerpt: ...ly and severally, within 30 days of this order. Legal Standard “In any case in which a plaintiff is seeking recovery for personal injuries, any defendant may demand one physical examination of the plaintiff, if both of the following conditions are satisfied: (1) The examination does not include any diagnostic test or procedure that is painful, protracted, or intrusive; (2) The examination is conducted at a location within 75 miles of the reside...
2023.01.13 Motion to Challenge Application for Good Faith Settlement Determination 113
Location: Los Angeles
Judge: Murillo, Serena R
Hearing Date: 2023.01.13
Excerpt: ... settlement discharges the settling defendant from liability for equitable contribution or comparative indemnity but¿not¿for contractual indemnity. (Code Civ. Proc., §§ 877(a)–(b).) In order to determine whether the settlement was made in good faith under CCP section 877.6, the Court applies the following factors identified by the California Supreme Court in Tech‐Bilt, Inc. v. Woodward‐ Clyde & Associates (1985) 38 Cal.3d 488 to determi...
2023.01.13 Motion for Terminating, Evidentiary, Issue, and Monetary Sanctions 516
Location: Los Angeles
Judge: Murillo, Serena R
Hearing Date: 2023.01.13
Excerpt: ...at occurred. In general, a nonmonetary sanction is only appropriate after a party fails to obey an order compelling discovery. (New Albertsons, Inc. v. Superior Court (2008) 168 Cal.App.4th 1403, 1426.) However, such relief may be imposed without a prior order compelling discovery if obtaining such an order would be futile or the misconduct in connection with the failure to produce evidence in discovery is “sufficiently egregious.” (Ibid.) Sp...
2023.01.13 Demurrer, Motion to Strike Punitive Damages 380
Location: Los Angeles
Judge: Murillo, Serena R
Hearing Date: 2023.01.13
Excerpt: ...se of action. (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747.) When considering demurrers, courts read the allegations liberally and in context. (Taylor v. City of Los Angeles Dept. of Water and Power (2006) 144 Cal.App.4th 1216, 1228.) The court “treat[s] the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law ….” (Berkley v. Dowds (2007) 152 Cal.App.4th 518, 525).) In a ...
2023.01.12 Motion to Strike Punitive Damages 108
Location: Los Angeles
Judge: Murillo, Serena R
Hearing Date: 2023.01.12
Excerpt: ... or any part thereof. (Code Civ. Proc., § 435(b)(1).) The court may, upon a motion or at any time in its discretion and upon terms it deems proper: (1) strike out any irrelevant, false, or improper matter inserted in any pleading; or (2) strike out all or any part of any pleading not drawn or filed in conformity with the laws of California, a court rule, or an order of the court. (Code Civ. Proc., § 436; Stafford v. Shultz (1954) 42 Cal.2d 767,...
2023.01.12 Motion for Terminating Sanctions 901
Location: Los Angeles
Judge: Murillo, Serena R
Hearing Date: 2023.01.12
Excerpt: ... anyone engaging in conduct that is a misuse of the discovery process...." CCP section 2023.010 provides that "[m]issues of the discovery process include, but are not limited to, the following:... (d) Failing to respond or to submit to an authorized method of discovery.... (g) Disobeying a court order to provide discovery...." "The trial court may order a terminating sanction for discovery abuse 'after considering the totality of the circumstance...
2023.01.12 Motion for Reconsideration 838
Location: Los Angeles
Judge: Murillo, Serena R
Hearing Date: 2023.01.12
Excerpt: ...rt, and refused in whole or in part, or granted, or granted conditionally, or on terms, any party affected by the order may, within 10 days after service upon the party of written notice of entry of the order and based upon new or different facts, circumstances, or law, make application to the same judge or court that made the order, to reconsider the matter and modify, amend, or revoke the prior order. The party making the application shall stat...
2023.01.10 Motion for Summary Judgment 601
Location: Los Angeles
Judge: Murillo, Serena R
Hearing Date: 2023.01.10
Excerpt: ....) “Code of Civil Procedure section 437c, subdivision (c), requires the trial judge to grant summary judgment if all the evidence submitted, and ‘all inferences reasonably 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.” (Adler v. Manor Healthcare Corp. (1992) 7 Cal.App.4th 1110, ...
2023.01.10 Motion for Relief from Waiver of Objections 300
Location: Los Angeles
Judge: Murillo, Serena R
Hearing Date: 2023.01.10
Excerpt: ...ercise the option to produce writings under Section 2030.230, as well as any objection to the interrogatories, including one based on privilege or on the protection for work product under Chapter 4 (commencing with Section 2018.010). The court, on motion, may relieve that party from this waiver on its determination that both of the following conditions are satisfied: (1)¿The party has subsequently served a response that is in substantial complia...
2023.01.10 Motion for Leave to Intervene 810
Location: Los Angeles
Judge: Murillo, Serena R
Hearing Date: 2023.01.10
Excerpt: ... place when a third person is permitted to become a party to an action or proceeding between other persons, either by joining the plaintiff in claiming what is sought by the complaint, or by uniting with the defendant in resisting the claims of the plaintiff, or by¿demanding anything adversely to both the plaintiff and the defendant, and is made by complaint, setting forth the grounds upon which the intervention rests, filed by leave of the cour...
2023.01.09 Motion for Leave to Intervene 534
Location: Los Angeles
Judge: Murillo, Serena R
Hearing Date: 2023.01.09
Excerpt: ...property or transaction that is the subject of the action and that person is so situated that the disposition of the action may impair or impede that person's ability to protect that interest, unless that person's interest is adequately represented by one or more of the existing parties.” Additionally, upon timely application, a court may “permit a nonparty to intervene in the action or proceeding if the person has an interest in the matter i...
2023.01.09 Motion to Compel Arbitration 066
Location: Los Angeles
Judge: Murillo, Serena R
Hearing Date: 2023.01.09
Excerpt: ...roc., § 1281.) “On petition of a party to an arbitration agreement alleging the existence of a written agreement to arbitrate a controversy and that a party thereto refuses to arbitrate such controversy, the court shall order the petitioner and the respondent to arbitrate the controversy if it determines that an agreement to arbitrate the controversy exists, unless it determines that: (a) The right to compel arbitration has been waived by the ...
2023.01.09 Motion to Continue Trial 454
Location: Los Angeles
Judge: Murillo, Serena R
Hearing Date: 2023.01.09
Excerpt: ... due to “death, illness, or other excusable circumstances”; (2) the addition of a new party depriving the new party (or other parties) from conducting discovery and preparing for trial; (3) “excused inability to obtain essential testimony, documents, or other material evidence despite diligent efforts”; or (4) “[a] significant, unanticipated change in the status of the case” preventing it from being ready for trial. (Id., Rule 3.1332(...
2023.01.06 Motion for Summary Judgment, Adjudication 577
Location: Los Angeles
Judge: Murillo, Serena R
Hearing Date: 2023.01.06
Excerpt: ... Section 437c(c) “requires the trial judge to grant summary judgment if all the evidence submitted, and ‘all inferences reasonably 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.” (Adler v. Manor Healthcare Corp. (1992) 7 Cal.App.4th 1110, 1119.) “The function of the pleadings i...
2023.01.05 Motion to Set Aside Dismissal 596
Location: Los Angeles
Judge: Murillo, Serena R
Hearing Date: 2023.01.05
Excerpt: ..., 25.) The mandatory component only reaches those dismissals which occur through failure to oppose a dismissal motion, viz., those dismissals which are procedurally equivalent to a default. (Leader v. Health Industries of America, Inc. (2001) 89 Cal.App.4th 603, 620.) CCP section 473(b) provides, in relevant part: The court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or...
2023.01.05 Motion to Change Venue 455
Location: Los Angeles
Judge: Murillo, Serena R
Hearing Date: 2023.01.05
Excerpt: ... Court of San Diego County (2013) 215 Cal.App.4th 309, 313-14.) Where a complaint alleges injury to a person or personal property, venue is proper where some or all of the defendants reside. (Code Civ. Proc. § 395.) Where a complaint alleges personal injury “from wrongful act or negligence . . . the county where the injury occurs . . . shall be a proper county for the trial of the action.” (Cacciaguidi v. Superior Court (1990) 226 Cal.App.3d...
2023.01.05 Motion for Judgment on the Pleadings 261
Location: Los Angeles
Judge: Murillo, Serena R
Hearing Date: 2023.01.05
Excerpt: ...be made on one of the following grounds: . . . . (B) If the moving party is a defendant, that either of the following conditions exist: (i) The court has no jurisdiction of the subject of the cause of action alleged in the complaint. (ii) The complaint does not state facts sufficient to constitute a cause of action against that defendant.” A motion for judgment on the pleadings “has the purpose and effect of a general demurrer.” (Smiley v. ...
2022.12.21 Motion for Terminating Sanctions, Monetary Sanctions 107
Location: Los Angeles
Judge: Murillo, Serena R
Hearing Date: 2022.12.21
Excerpt: ...m of $410.00, which shall be paid within thirty (30) days of this Court's Order. Legal Standard “To the extent authorized by the chapter governing any particular discovery method or any other provision of this title, the court, after notice to any affected party, person, or attorney, and after opportunity for hearing, may impose the following sanctions against anyone engaging in conduct that is a misuse of the discovery process: . . . ¶(a) The...
2022.12.21 Motion for Leave to File FAC 161
Location: Los Angeles
Judge: Murillo, Serena R
Hearing Date: 2022.12.21
Excerpt: ... 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.” (C.C.P. § 473(a)(1).) “Trial courts are vested with the discretion to allow amendments to pleadings ‘in furtherance of justice.' That trial...
2022.12.19 Motion to Compel Arbitration 381
Location: Los Angeles
Judge: Murillo, Serena R
Hearing Date: 2022.12.19
Excerpt: ...ns applies. Those statutory exceptions arise where (1) a party waives the right to arbitration; (2) grounds exist for revoking the arbitration agreement; and (3) pending litigation with a third party creates the possibility of conflicting rulings on common factual or legal issues.” (Acquire II, Ltd. v. Colton Real Estate Group (2013) 213 Cal.App.4th 959, 967 [citations omitted]; Code Civ. Proc. § 1281.2.) In deciding a petition to compel arbit...
2022.12.19 Demurrer to FAC 892
Location: Los Angeles
Judge: Murillo, Serena R
Hearing Date: 2022.12.19
Excerpt: ... whether the complaint states a cause of action. (Hahn v. Mirda (2007) 147 Cal. App. 4th 740, 747.) When considering demurrers, courts read the allegations liberally and in context. (Taylor v. City of Los Angeles Dept. of Water and Power (2006) 144 Cal. App. 4th 1216, 1228.) In a demurrer proceeding, the defects must be apparent on the face of the pleading or by proper judicial notice. (Code Civ. Proc. § 430.30(a).) As is relevant here, a party ...
2022.12.13 Motion for Relief from Waiver 752
Location: Los Angeles
Judge: Murillo, Serena R
Hearing Date: 2022.12.13
Excerpt: ...demand for inspection, copying, testing, or sampling is directed waives any objection to the demand, including one based on privilege or on the protection for work product under Chapter 4 (commencing with Section 2018.010). The court, on motion, may relieve that party from this waiver on its determination that both of the following conditions are satisfied: (1)¿The party has subsequently served a response that is in substantial compliance with S...
2022.12.12 Motions to Compel Deposition 250
Location: Los Angeles
Judge: Murillo, Serena R
Hearing Date: 2022.12.12
Excerpt: ... compel compliance brought pursuant to Code of Civil Procedure section 1987.1. This section provides that “[i]f a subpoena requires the attendance of a witness . . . the court, upon motion reasonably made … or upon the court's own motion after giving counsel notice and an opportunity to be heard, may make an order … directing compliance with it upon those terms or conditions as the court shall declare, including protective orders.” (CCP �...

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