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2023.04.04 Motion to Strike 292
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2023.04.04
Excerpt: ...alse, 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. (CCP SS Staffnrd v. Shnltz (1954) 42 Cal.2d 767, 782 ["Matter in a pleading which is not essential to the claim is surplusage; probative facts are surplusage and may be stricken out or disregarded"] J In order to state a prima facie claim for puni...
2023.04.04 Demurrer to FAC 185
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2023.04.04
Excerpt: ...icial notice. (2004) 116 Cal.App.4th 968, 994.) A demurrer tests the pleadings alone and not the evidence or other extrmsic matters. Therefore, it lies only where the defects appear on the face of the pleading or are judicially noticed. (CCP SS 430.30, 430.70.) At the pleading stage, a plaintiff need only allege ultimate facts sufficient to apprise the defendant ofthe factual basis for the claim against him. (SemQle_YSansQucie (1972) 28 Cal. App....
2023.04.04 Motion for Summary Judgment, Adjudication 720
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2023.04.04
Excerpt: ... courts 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." (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 no...
2023.04.04 Motion for Leave to Amend 535
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2023.04.04
Excerpt: ...eave 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 S see CCP S 576.) Policy favors liberally granting leave to amend so that all disputed matters bet'.veen the parties maybe resolved. (See Howard v. r.nunor Of San Diezo (2010) 184 Cal.App.4th 1422, 1428.) Absent prejudice to the adverse party, th...
2023.03.30 Motion to Seal Court Records 642
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2023.03.30
Excerpt: ....551(a); see H.R. Fn]ler C.n. v. Dne (2007) 151 CalApp.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 justl$ the sealing; (2) the party must sewe a copy of the motion on all parties who have appeared in the case; and (3) the party requesting that a rec...
2023.03.30 Motion for Leave to Amend 593
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2023.03.30
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 S 473(a)(1); see CCP 5 576.) Policy favors liberally granting leave to amend so that all disputed matters beö.veen the patties may be resolved. (See Howard v. County of San Diego (2010) 184 Cal.App.4th 1422, 1428.) Absent pre...
2023.03.29 Motion to Sever Trial 863
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2023.03.29
Excerpt: ...mplaint, or of any separate issue or of any number of causes of action or issues, preserving the right of trial by juty required by the Constitution or a statute of the state or of the United States." CCP section 1048 also authorizes a court to separate trial of any issue for furtherance of convemence or to avoid prejudice or where separate trials will be conducive to expedition and economy. Granting or denying of a motion for separate trials lie...
2023.03.29 Motion to Expunge Lis Pendens 935
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2023.03.29
Excerpt: ...roperty claim, assuming the allegations to be true; or, (b) the claimant not being able to establish by a preponderance of the evidence the probable validity of the real property claim. cccp, SS 405.31, 36 CalApp.4thi321, 331-332.) A "real property claim" means the causes of action, if pmven, would affect either. (a) title to or the right to possession of specific real property, or (b) the use of an easement identified in the pleading. CCCP, S 40...
2023.03.28 Motion for Leave to Amend 841
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2023.03.28
Excerpt: ...action. This lawsuit arises out of a loan made by Plaintiff to Defendants Golden Phoenix Holdings, LLC and Aeon West Hollywood, Inc. ("Borrowers") for the development and operation of a retail cannabis business. On March 5, 2021, Borrowers executed a Secured Promissory Note ("Note"), in the amount $1,000,000.00. Borrowers failed to make the payment ofprincipal and interest due on April 1, 2022 (the "Default'). Plamtiff and Borrowers discussed a p...
2023.03.28 Motion for Leave to Amend 819
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2023.03.28
Excerpt: ...S 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 S see CCP S 576.) Policy favors liberally granting leave to amend so that all disputed matters beb,veen the parties may be resolved. (See Hnward v. Connty of San Diego (2010) 184 Cal.App.4th 1422, 1428.) Absent prejudice to t...
2023.03.28 Demurrer 831
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2023.03.28
Excerpt: ...icial notice. (2004) 116 Cal.App.4th 968, 994.) A demurrer tests the pleadings alone and not the evidence or other extrmsic matters. Therefore, it lies only where the defects appear on the face of the pleading or are judicially noticed. (CCP SS 430.30, 430.70.) At the pleading stage, a plaintiff need only allege ultimate facts sufficient to apprise the defendant ofthe factual basis for the claim against him. (SemQle_YSansQucie (1972) 28 Cal. App....
2023.03.24 Motion for Terminating, Issue, or Evidentiary Sanctions 579
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2023.03.24
Excerpt: ...t may impose a monetary sanction.. .." cccp SS 2030.2900, 2030.300B, 2031.3000, 2031.3200.) Misuse ofthe discovery process, which includes disobeying a court order to provide discovery, is conduct subject to sanctions. (CCP S 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, including attorne...
2023.03.22 Demurrer 418
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2023.03.22
Excerpt: ...e pleading or via proper judicial notice. (2004) 116 Cal.App.4th 968, 994.) A demurrer tests the pleadings alone and not the evidence or other extrmsic matters. Therefore, it lies only where the defects appear on the face of the pleading or are judicially noticed. (CCP SS 430.30, 430.70.) At the pleading stage, a plaintiff need only allege ultimate facts sufficient to apprise the defendant ofthe factual basis for the claim against him. (SemQle_YS...
2023.03.22 Motion to Compel Arbitration 286
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2023.03.22
Excerpt: ...rned by the California Arbitration Act ("CAA") or the Federal Arbitration Act ("FAA"), courts resolve doubts about an arbitration agreements 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 the Feder...
2023.03.22 Motion to Compel Deposition 104
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2023.03.22
Excerpt: ...d information, or tangible thing for inspection and copying. CCCP S 2025.280(a).) If, after service of a deposition notice, a party deponent fails to appear, testi$, or produce documents or tangible things for inspection mthout having served a valid objection under CCP S 2025.410, the deposing party may move for an order compelling attendance, testimony, and production. (CCP 5 2025.450(a).) The motion must be accompanied by a meet and confer decl...
2023.03.21 Motion for Summary Judgment, Adjudication 275
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2023.03.21
Excerpt: ...ngs in order to determine whether, despite their allegations, trial is in fact necessary to resolve their dispute." (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 no merit that there is no affirmative defense to the cause of...
2023.03.21 Motion for Sanctions 063
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2023.03.21
Excerpt: ...nformation, and belief, formed after an inquiry reasonable under the circumstances, all of the following conditions are met: (1) It is not being presented primarily for an improper purpose such as to harass orto cause unnecessary delay or needless increase in the cost of litigation. (2) The claims, defenses, and other legal contentions therein are warranted by existing law or by a nonfrivolous argument for the extension, modification, or reversal...
2023.03.17 Motions to Strike TAC 622
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2023.03.17
Excerpt: ...al property that was not permitted for the type of business they wished to operate. On March 23: 2022 cross-complainant Pink filed her third amended cross-complaint, asserting a cause of action for constmctive fraud against defendants Coldwell Banker: Thind and Maldonado (collectively ' 'Coldwell"). Since then: Pink failed to appear at duly noticed hearings on 10/20/2022, 12/7/2022 and 12/16/2022 _ Coldwell moves to stfike the third amended cross...
2023.03.17 Demurrer to FAC 225
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2023.03.17
Excerpt: ...ied-in-fact contract (post-stabilization services); 5) unfair business practices; and 6) declaratory relief. LEGAL STANDARD A demurrer for sufficiency tests whether the complaint states a cause of action. (Hahn_L Milda (2007) 147 Cal.App.4th 740, 747.) When considering demurrers, courts read the allegations liberally and in context. In a demurrer proceeding, the defects must be apparent on the face of the pleading or via proper judicial notice. (...
2023.03.17 Demurrer 118
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2023.03.17
Excerpt: ...s not oppose. A demurrer is an all-or-nothing procedure: meaning a party cannot demur to part of a cause of action. People v. Union Pacific Railroad Co. (2006) 141 Cal_App_4th 1228, 1243. Unfair Comvrtition California' s Unfair Competition statute provides a private cause of action for "unlawftl, unfair or fraudulent" business acts or practices. Cal. Bus. & Prof. Code Sl 7200 et_ seq. Optimum and Smiley argue this claim is based on allegations th...
2023.03.16 Motion for Summary Judgment 603
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2023.03.16
Excerpt: ...arties' pleadings in order to determine whether, despite their allegations, trial is in fact necessary to resolve their dispute." (2001) 25 Cal.4th 826, 843.) To prevail, the evidence submitted must show there is no triable issue as to any material fact and that the movmg party is entitled to judgment as a matter of law. CCCP, 5 43 7c(c).) The motion cannot succeed unless the evidence leaves no room for conflicting inferences as to material facts...
2023.03.16 Demurrer to SAC 289
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2023.03.16
Excerpt: ...ing or via proper judicial notice. (2004) 116 Cal.App.4th 968, 994.) A demurrer tests the pleadings alone and not the evidence or other extrmsic matters. Therefore, it lies only where the defects appear on the face of the pleading or are judicially noticed. (CCP SS 430.30, 430.70.) At the pleading stage, a plaintiff need only allege ultimate facts sufficient to apprise the defendant ofthe factual basis for the claim against him. (SemQle_YSansQuci...
2023.03.15 Special Motion to Strike 662
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2023.03.15
Excerpt: ...ions (CC&Rs) enforced by Defendant Malibu West Swimming Club. Since then, Plaintiffs obtained plans and permits for their replacement home, a modest single-story residence which has been approved by the City of Malibu. Plaintiffs claim that Defendants have prevented the Claytons from rebuilding their home. LEGAL STANDARD Code of Civil Procedure section 425.16 permits the Court to strike causes of action arising from an act in furtherance of the d...
2023.03.14 Motion for Summary Judgment, Adjudication 769
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2023.03.14
Excerpt: ... 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 contends that the cause o...
2023.03.10 Motion to Disqualify Counsel, to Compel Further Responses 789
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2023.03.10
Excerpt: ...or Court (2008) 158 Cal.App.4th 1697, 1711; Baugh v. Garl (2006) 137 Cal.App.4th 737, 744.) The State Bar Rules of Professional Conduct govern attorney discipline not standards for attorney disqualification in courts; however, courts may look to the Rules of Professional Conduct for guidance regarding attorney disqualification. (Great Lakes Const., Inc. v. Burma (2010) 186 Cal.App.4th 1347; see also Khani v. Ford Motor Company (2013) 215 Cal.App....
2023.03.09 Motion for Summary Adjudication 677
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2023.03.09
Excerpt: ...' 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 no merit, that...
2023.03.09 Motion to Strike 716
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2023.03.09
Excerpt: ...agreements for World War II films, Greyhound and Destroyer. Relevantly, the Court previously considered a preliminary injunction request by Cross- Complainants. Zhengfu sought to enjoin SMC from engaging in specified activities, including interfering with Zhengfu's contractual rights by communicating with third parties or taking any acts to interfere with or prevent Zhengfu's rights to obtain, possess and exercise its right to distribute the Grey...
2023.03.09 Motion to Compel Compliance 472
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2023.03.09
Excerpt: ...ils to permit the inspection, copying, testing, or sampling in accordance with that party's statement of compliance, the demanding party may move for an order compelling compliance.” (CCP § 2031.320(a).) The Civil Discovery Act places no time limit on such motions. (Standon Co. v. Superior Court (1990) 225 Cal.App.3d 898, 903.) The Court shall impose a monetary sanction against any party, person, or attorney who unsuccessfully makes or opposes...
2023.03.08 Demurrer 909
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2023.03.08
Excerpt: ...roper 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 agains...
2023.03.08 Motion for Leave to File Complaint 647
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2023.03.08
Excerpt: ...mission from the court before amendment. (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 favors liberally granting leave to amend so that all disputed matters between the parties may be resolved. (See Howard v....
2023.03.07 Motion to Vacate Default Judgment, to Quash Service of Summons 007
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2023.03.07
Excerpt: ...ey's “mistake, inadvertence, surprise or neglect.” (CCP § 473(b).) The relevant mandatory relief provisions are as follows: …the court shall, whenever an application for relief is made no more than six months after entry of judgment, is in proper form, and is accompanied by an attorney's sworn affidavit attesting to his or her mistake, inadvertence, surprise, or neglect, vacate any (1) resulting default entered by the clerk against his or ...
2023.03.06 Motion for Good Faith Settlement 703
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2023.03.06
Excerpt: ...e or 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 w...
2023.03.02 Motion for Protective Order 023
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2023.03.02
Excerpt: ...eclaration as described in Section 2033.050 has been made, a party need only respond to the first 35 admission requests served that do not relate to the genuineness of documents, if that party states an objection to the balance under Section 2033.230 on the ground that the limit has been exceeded. (CCP § 2033.030 (b).) The number of requests for admission of the genuineness of documents is not limited except as justice requires to protect the re...
2023.03.01 Motions to Seal 011
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2023.03.01
Excerpt: ...ined. (Cal. Rules Court, 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) the party must serve a copy of the motion on all parties who have appeared in the case; and (3...
2023.03.01 Motion to Compel Arbitration 937
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2023.03.01
Excerpt: ... whether an 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...
2023.03.01 Demurrer 693
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2023.03.01
Excerpt: ...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 again...
2023.02.28 Motion for Summary Judgment 769
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2023.02.28
Excerpt: ...om, and J.P. Castro. The operative second amended complaint (SAC) states two operative causes of action for battery and negligence against Wehbe. Plaintiffs dismissed the second cause of action for drug dealer liability act claim against Wehbe. LEGAL STANDARD A party may move for summary judgment in any action or proceeding if it is contended the action has no merit or that there is no defense to the action or proceeding. (CCP, § 437c(a).) “Th...
2023.02.28 Demurrer to SAC 063
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2023.02.28
Excerpt: ..., California. On February 28, 2002, Haque personally assumed a lease with Plaintiff's predecessor (the “Assumed Lease”) to rent the Premises for the purpose of operating a Koi restaurant. Later, the Assumed Leased was assigned to defendant Koi LP. The Assumed Lease, including all extensions thereof, was set to expire on July 23, 2012. In the summer of 2012, Haque represented he had formed 730 North to operate the restaurant. On July 23, 2012,...
2023.02.23 Motion for Summary Judgment, Adjudication 863
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2023.02.23
Excerpt: ... 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 contends...
2023.02.23 Motion to Compel Further Responses 275
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2023.02.23
Excerpt: ...ence 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.) Form and Special Interrogatories CCP section 2030.220(a) requires that “[e]ach answer in a response to interrogatories shall be as complete and straightforward as the information reasonably available to the responding party permits.” Pursuant to CCP section 2030.300, a party may m...
2023.02.23 Motion to Compel Deposition, for Protective Order 789
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2023.02.23
Excerpt: ...ng for inspection and copying. (CCP § 2025.280(a).) If, after service of a deposition notice, a party deponent fails to appear, testify, or produce documents or tangible things for inspection without having served a valid objection under Code of Civil Procedure § 2025.410, the deposing party may move for an order compelling attendance, testimony, and production. (CCP § 2025.450(a).) The motion must be accompanied by a meet and confer declarati...
2023.02.22 Motion to Compel Arbitration 437
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2023.02.22
Excerpt: ...ent 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 objectives...
2023.02.22 Motion for Trial Preference 113
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2023.02.22
Excerpt: ...is necessary to prevent prejudicing the party's interest in the litigation.” (CCP § 36(a), (c)(2).) In contrast to minor plaintiffs, trial¿priority is not mandatory and absolute merely because one of the parties is age 70. The court has discretion to determine the¿extent¿of that party's interest and the risk posed of that party's death or incapacity if¿trial¿is delayed. (CCP § 36(a).) However, if the factors are shown, the Court “shall...
2023.02.10 Motion to Compel Further Responses 861
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2023.02.10
Excerpt: ... 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.) If a party to whom a demand for inspection, copying, testing, or sampling is directed fails to serve a timely response, the propounding party may move for an order compelling response to the demand. (CCP § 2031.300(b); see Sinaiko Healthcare Consulting, Inc. v. Pacific Health...
2023.02.08 Motion for Judgment on the Pleadings 001
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2023.02.08
Excerpt: ...� or (2) the complaint or cross-complaint “does not state facts sufficient to constitute a cause of action against that defendant.” (CCP § 438(c).) A motion for judgment on the pleadings has the same function as a general demurrer but is made after the time for demurrer has expired. Except as provided by statute, the rules governing demurrers apply. (Cloud v. Northrop Grumman Corp. (1998) 67 Cal.App.4th 995, 999.) “A motion for judgment on...
2023.02.07 Demurrer 878
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2023.02.07
Excerpt: ...ent 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 defendant o...
2023.02.06 Motion for Attorney Fees 388
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2023.02.06
Excerpt: ...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 motion to c...
2023.02.03 Motion to Compel Further Responses 582
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2023.02.03
Excerpt: ...lf admissible 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.) Code of Civil Procedure section 2030.220(a) requires that “[e]ach answer in a response to interrogatories shall be as complete and straightforward as the information reasonably available to the responding party permits.” Pursuant to section 2030.300, a party m...
2023.02.02 Petition to Compel Arbitration 337
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2023.02.02
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 the...
2023.01.31 Demurrer 212
Location: Los Angeles
Judge: Young, Mark A
Hearing Date: 2023.01.31
Excerpt: ... 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 cla...

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