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2024.03.25 Motion to Enforce Order, for Terminating and Monetary Sanctions 480
Location: Los Angeles
Judge: Hobbs, Lynn
Hearing Date: 2024.03.25
Excerpt: ...or attorney, and 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.....
2024.03.25 Motion to Compel Compliance with Subpoena 488
Location: Los Angeles
Judge: Hobbs, Lynn
Hearing Date: 2024.03.25
Excerpt: ...ttendance of a witness 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 ...
2024.03.25 Motion for Terminating Sanctions, for Monetary Sanctions 377
Location: Los Angeles
Judge: Hobbs, Lynn
Hearing Date: 2024.03.25
Excerpt: ...e chapter governing any particular discovery method..., the court, after notice to any affected party, person, or attorney, and 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 re...
2024.03.21 Motion for Summary Judgment 918
Location: Los Angeles
Judge: Hobbs, Lynn
Hearing Date: 2024.03.21
Excerpt: ...pite their allegations, trial is in fact necessary to resolve their dispute.” (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 843.) “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 ev idence' and uncontradicted by other inferences or evidence, show that there is no triable issue as to any mater...
2024.03.21 Demurrer, Motion to Strike 276
Location: Los Angeles
Judge: Hobbs, Lynn
Hearing Date: 2024.03.21
Excerpt: ... discovery responses to Defendant The Roman Catholic Archbishop of Los Angeles, a Corporation Sole, For and On Behalf of San Fernando Mission Cemetery, Set One, served on July 14, 2023; and (3) Plaintiff's Further Responses to Defendant The Roman Catholic Archbishop of Los Angeles, a Corporation Sole, For and On Behalf of San Fernando Mission Cemetery, Set One, served on August 28, 2023. Judicial notice of Plaintiff's discovery admissions may be ...
2024.03.20 Motion to Vacate Default, Judgment, and for Reconsideration 941
Location: Los Angeles
Judge: Hobbs, Lynn
Hearing Date: 2024.03.20
Excerpt: ...�� (Code Civ. Proc., § 473, subd. (b).) “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 other proceeding was taken.” (Ibid.) “The court may, upon motion of the injured party, or its own motion, correct c...
2024.03.20 Motion for Monetary Sanctions 707
Location: Los Angeles
Judge: Hobbs, Lynn
Hearing Date: 2024.03.20
Excerpt: ...terrogatories, unless it finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust." This provision is also included in Code of Civil Procedure section 2031.300, subdivision (c), for an inspection demand. Code of Civil Procedure section 2030.290, subdivision (c), also provides: "If a party then fails to obey an order compelling answers, the court ...
2024.03.19 Motion to Set Aside Default, Judgment 567
Location: Los Angeles
Judge: Hobbs, Lynn
Hearing Date: 2024.03.19
Excerpt: ...ummons to Jayden Hand Carwash, (4) Requests for Entry of Default as against Adam M. Flores and Jayden Hand Carwash filed and entered June 29, 2021, and (5) Judgment entered November 18, 2022. The request is GRANTED under Evidence Code section 452(d). Legal Standard CCP § 473.5(a) provides: “When service of a summons has not resulted in actual notice to a party in time to defend the action and a default or default judgment has been entered agai...
2024.03.19 Motion for Determination of Good Faith Settlement 135
Location: Los Angeles
Judge: Hobbs, Lynn
Hearing Date: 2024.03.19
Excerpt: ...cal Center is dismissed. Moving party to give notice. Background On December 16, 2020, Plaintiff Karla L. Scott (“Plaintiff”) commenced this action against Defendant Lancaster Hospital Corporation dba Palmdale Regional Medical Center (erroneously sued as “Palmdale Regional Medical Center”) (“PRMC”). Plaintiff later name d MPM Building Services, Inc. (“MPM”) as a defendant on July 1, 2021. As alleged in the complaint, Plaintiff was...
2024.03.18 Motion for Summary Judgment, Adjudication 016
Location: Los Angeles
Judge: Hobbs, Lynn
Hearing Date: 2024.03.18
Excerpt: ...tion is denied as to the causes of action for dangerous condition of public property and loss of consortium. Moving party to give notice. Legal Standard The purpose of a motion for summary judgment or summary adjudication “is to provide 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.” (Aguilar v. Atlantic Richfield Co. ...
2024.03.18 Motion for Costs of Proof Sanctions 891
Location: Los Angeles
Judge: Hobbs, Lynn
Hearing Date: 2024.03.18
Excerpt: ...not have to be tried.” (Cembrook v. Superior Court (1961) 56 Cal.2d 423, 429. Although a defendant “cannot be forced to admit the fact prior to trial despite its obvious truth”, the failure to do so comes with consequences, exposure to a costs of proof award. (Grace v. Mansourian (2015) 240 Cal.App.4th 523, 532.) C.C.P. §2033.420(a) provides: “If a party fails to admit the genuineness of any document or the truth of any matter when reque...
2024.03.15 Motion for Judgment on the Pleadings 276
Location: Los Angeles
Judge: Hobbs, Lynn
Hearing Date: 2024.03.15
Excerpt: ...ant may move for judgment on the pleadings where the court has no jurisdiction of the subject of the cause of action alleged in the complaint or the complaint does not state facts sufficient to constitute a cause of action against that defendant. (Code Civ. Proc., § 438 subd. (c)(1)(B).) A non- statutory motion for judgment on the pleadings may be made any time before or during trial. (Stoops v. Abbassi (2002) 100 Cal.App.4th 644, 650.) “Such ...
2024.03.15 Motion for Summary Judgment 847
Location: Los Angeles
Judge: Hobbs, Lynn
Hearing Date: 2024.03.15
Excerpt: ... to resolve their dispute.” (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 843.) “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 ev idence' 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 ...
2024.03.15 Motion to Reopen Discovery 005
Location: Los Angeles
Judge: Hobbs, Lynn
Hearing Date: 2024.03.15
Excerpt: ...al of the action.”¿ (Code Civ. Proc., § 2024.020(a).)¿ “[A]¿continuance¿or postponement of the trial date does not operate to reopen discovery proceedings” unless a motion to reopen discovery is filed and granted pursuant to¿CCP¿section 2024.050.¿ (Code Civ. P roc., § 2024.020(b);¿Pelton-Shepherd Industries, Inc. v. Delta Packaging Products, Inc.¿(2008) 165 Cal.App.4th 1568.)¿¿CCP¿section 2024.050 provides that “[o]n¿motion...
2024.03.14 Motion to Strike 697
Location: Los Angeles
Judge: Hobbs, Lynn
Hearing Date: 2024.03.14
Excerpt: ...on of Washington Boulevard and Mariposa Avenue in Los Angeles. Defendant filed this motion to strike the punitive damages allegations in Plaintiff's complaint on February 6, 2024. Plaintiff filed an opposition on February 27, 2024. Defendant filed a reply on March 1, 2024. Legal Standard “Any party, within the time allowed to respond to a pleading may serve and file a notice of motion to strike the whole or any part thereof.” (Code Civ. Proc....
2024.03.14 Motion to Set Aside Dismissal 261
Location: Los Angeles
Judge: Hobbs, Lynn
Hearing Date: 2024.03.14
Excerpt: ...urprise, or excusable neglect.” (CCP §473(b).) Where such an application for discretionary relief is made, the motion shall be accompanied by a copy of the answer or pleading proposed to be filed, or the application will not be granted. (Id.) The court must grant relief from dismissal where the application is accompanied by an attorney affidavit attesting to his or her mistake, inadvertence, surprise, or neglect. (Id.) In either case, the appl...
2024.03.13 Motion to Dismiss 823
Location: Los Angeles
Judge: Hobbs, Lynn
Hearing Date: 2024.03.13
Excerpt: ... of Civil Procedure section 581, subdivision (f)(2) is with prejudice. (See Parsons v. Umansky (1994) 28 Cal.App.4th 867, 870 [citing Wells v. Marina City Properties, Inc. (1981) 29 Cal.3d 789, 789].) The California Supreme Court has interpreted section 581 as “...not deny[ing] a plaintiff his day in court. It simply requires that he frame his allegations in order to state a cause of action; and if a plaintiff is unable to do so after an adequa...
2024.03.12 Motion to Compel Compliance with Subpoena for Business Records 220
Location: Los Angeles
Judge: Hobbs, Lynn
Hearing Date: 2024.03.12
Excerpt: ...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 those terms and cond...
2024.03.12 Motion for Protective Order, for Sanctions 811
Location: Los Angeles
Judge: Hobbs, Lynn
Hearing Date: 2024.03.12
Excerpt: ... deposition, any party, any deponent, or any other affected natural person or organization may promptly move for a protective order.” (CCP § 2025.420(a).) This motion must be accompanied by a meet and confer declaration under CCP section 2016.040. (Ibid.) “The court, for good cause shown, may make an order that justice requires to protect any party, deponent, or other natural person or organization from unwarranted annoyance, embarrassment, ...
2024.03.11 Motion to Compel Second IME 057
Location: Los Angeles
Judge: Hobbs, Lynn
Hearing Date: 2024.03.11
Excerpt: ...d C.C.P. §2032.220(a) provides, as follows: 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 residence of the examinee...
2024.03.08 Motion to Quash Subpoena 939
Location: Los Angeles
Judge: Hobbs, Lynn
Hearing Date: 2024.03.08
Excerpt: ...umer 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 those terms and conditions as the court may specify. (See Code Civ. Proc. § 1987.1; Southern Pac. Co. v. Superior Court (1940) 15 Cal.2d 206.) The court can make an order quashing or modifying a subpoena as necess...
2024.03.08 Motion to Compel Responses, for Sanctions 318
Location: Los Angeles
Judge: Hobbs, Lynn
Hearing Date: 2024.03.08
Excerpt: ...etary 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 interrogatories was properly served on the opposing party, that the time to respond has expired, and that no response of any kind has been served. (Leach v. Superior Court (1980) 111 Cal.App.3d 902, 905– 906.) Compel RPDs Where there...
2024.03.08 Motion for Summary Adjudication 196
Location: Los Angeles
Judge: Hobbs, Lynn
Hearing Date: 2024.03.08
Excerpt: ...cessary and the Court declines to ru le on the request. Evidentiary Objections Defendant's Objections to Plaintiff's Evidence: · The following objections are SUSTAINED: 1. The remainder of the objections are Moot. · The following objections are OVERRULED: n/a Plaintiff's Objections to Defendant's Evidence: · The following objections are SUSTAINED: 1, 2, 3 Vehicle Code section 20013 specifically precludes accident reports from being used as evi...
2024.03.08 Motion for Leave to File Amended Answer 929
Location: Los Angeles
Judge: Hobbs, Lynn
Hearing Date: 2024.03.08
Excerpt: ...and on any terms as may be proper, allow a party¿to amend any pleading or proceeding by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or 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, u pon any terms as may be just, an amendment to any pleading or proceeding ...
2024.03.07 Motion for Summary Judgment, Adjudication 829
Location: Los Angeles
Judge: Hobbs, Lynn
Hearing Date: 2024.03.07
Excerpt: ...tion for Breach of Contract is DENIED. SERVICE : [ X ] Proof of Service Timely Filed (CRC, rule 3.1300) OK [X ] Correct Address (CCP §§ 1013, 1013a) OK [X ] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) OK OPPOSITION : Filed on January 16, 2024 [ ] Late [X] None REPLY : None filed as of January 29, 2024 [ ] Late [X] None BACKGROUND On November 21, 2022, Plaintiff Sunrun Installation Services Inc. (“Plaintiff”) filed four causes of action ...
2024.03.07 Motion to Enforce Settlement and Enter Judgment 902
Location: Los Angeles
Judge: Hobbs, Lynn
Hearing Date: 2024.03.07
Excerpt: ... 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 the settlement.” (Code Civ. Proc., § 664.6.) Discussion Plaintiff moves for an order pursuant to Code of Civil Procedure section 664.6 to enforce the settlement against Defendants. On June 20, 2022, t...
2024.03.06 Petition for Relief from Claim Statute 193
Location: Los Angeles
Judge: Hobbs, Lynn
Hearing Date: 2024.03.06
Excerpt: ...e §§ 945.4, 950.2, 950.6(a).) To be timely, a government claim for damages must be presented to the public entity within six months of the date the cause of action accrued. (§ 911.2.) If a plaintiff fails to file a government claim within the six -month period, he or she may apply to the public entity for permission to file a late claim. (§ 911.4.) Such an application must be presented within a reasonable time, and not later than one yea r af...
2024.03.06 Motion to Set Reasonable Rate for Experts 031
Location: Los Angeles
Judge: Hobbs, Lynn
Hearing Date: 2024.03.06
Excerpt: ... reasonable. Lastly, the Court sets the reasonable rate of Dr. Noomand as $2,000 per hour. Moving party is ordered to give notice. Legal Standard A party seeking to depose an expert witness shall pay the expert's reasonable and customary hourly or daily fee for any time spent. (Code of Civ. Proc., § 2034.430(b).) If the party seeking to the take the deposition of an expert witness deems the hourly o r daily fee of that expert to be unreasonable,...
2024.03.06 Motion to Compel Responses, for Sanctions 585
Location: Los Angeles
Judge: Hobbs, Lynn
Hearing Date: 2024.03.06
Excerpt: ...quests for admissions admitted is GRANTED. Defendant is ordered to pay sanctions in the amount of $560, within 20 days of this order. Moving Party to give notice. 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 l...
2024.03.06 Motion to Compel IME 991
Location: Los Angeles
Judge: Hobbs, Lynn
Hearing Date: 2024.03.06
Excerpt: ...he IME is DENIED. Defendant Salvatore Martinez's motion for sanctions is GRANTED. Plaintiff is ordered to pay sanctions in the amount of $3,250 within 20 days to Defendant Martinez's counsel. Legal Standard Code of Civil Procedure (“CCP”) section 2032.220(a) provides: 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 conditio...
2024.03.06 Demurrer, Motion to Strike 501
Location: Los Angeles
Judge: Hobbs, Lynn
Hearing Date: 2024.03.06
Excerpt: ...d (2014) 226 Cal.App.4th 363, 368 n. 1 (“The court may take judicial notice of the filing and contents of a government claim, but not the truth of the claim.”).) Legal Standard Demurrer A demurrer for sufficiency tests 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 Wate r a...
2024.03.05 Motion to Compel Compliance with Subpoena for Business Records 220
Location: Los Angeles
Judge: Hobbs, Lynn
Hearing Date: 2024.03.05
Excerpt: ...urt 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 those terms and conditions as the court may specify. (See Code Civ. Proc. § 1987.1; Southern...
2024.03.05 Motion for Summary Judgment 563
Location: Los Angeles
Judge: Hobbs, Lynn
Hearing Date: 2024.03.05
Excerpt: ...tlantic 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 Healthcare Corp. (1992) 7 Cal.A...
2024.02.29 Motion to Strike 175
Location: Los Angeles
Judge: Hobbs, Lynn
Hearing Date: 2024.02.29
Excerpt: ...ED. Legal Standard Pursuant to Code of Civil Procedure, section 436, “the court may, upon a motion made pursuant to Section 435, or at any time in its discretion, and upon terms it deems proper: (a) Strike out any irrelevant, false, or improper matter inserted in any pleading. (b) Strike out all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court.” The grounds for a ...
2024.02.29 Motion to Compel Deposition 739
Location: Los Angeles
Judge: Hobbs, Lynn
Hearing Date: 2024.02.29
Excerpt: ...roc., § 2025.010.) Where a party objects to the deposition, the proper remedy is an objection under Code of Civil Procedure section 2025.410. If such an objection is made within three calendar days before the deposition date, the objecting party must make personal service of that objection. (Code Civ. Proc. 2025.410, subd. (b).) CCP section¿2025.450(a) provides:¿“If, after service of a deposition notice, a party to the action . . . , without...
2024.02.28 Demurrer 045
Location: Los Angeles
Judge: Hobbs, Lynn
Hearing Date: 2024.02.28
Excerpt: ....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 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 an...
2024.02.28 Demurrer, Motion to Strike 754
Location: Los Angeles
Judge: Hobbs, Lynn
Hearing Date: 2024.02.28
Excerpt: ...anuary 30, 2023 and (C) Plaintiff's complaint in this action, filed on November 1, 2023. The requests are unopposed and granted. (Evid. Code § 452(c) -(d).) The court notes it is not taking judicial notice of any testimony, but rather is taking judicial notice of the filing and contents of the government claim. (Gong v. City of Rosemead (2014) 226 Cal.App.4th 363, 369-70 n. 1; see also Fowler v. Howell (1996) 42 Cal.App.4th 1746, 1752 -53.) Lega...
2024.02.28 Motion for Summary Judgment, Adjudication 750
Location: Los Angeles
Judge: Hobbs, Lynn
Hearing Date: 2024.02.28
Excerpt: ... as a matter of law.” (Code Civ. Proc. §437c(c).) A cross -defendant moving for summary judg ment must show “that one or more elements of the cause of action ... cannot be established, or that there is a complete defense to that cause of action.” (Code Civ. Proc., § 437c, subd. (p)(2).) “[T]he initial burden is always on the moving party to make a prima facia showing that there are no triable issues of material fact.” (Scalf v. D. B. ...
2024.02.21 Motion for Summary Judgment 814
Location: Los Angeles
Judge: Hobbs, Lynn
Hearing Date: 2024.02.21
Excerpt: ...d to enable an order of summary dismissal without the 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...
2024.02.21 Motion for Summary Judgment 688
Location: Los Angeles
Judge: Hobbs, Lynn
Hearing Date: 2024.02.21
Excerpt: ...field 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 Healthcare Corp. (1992) 7 Cal.App.4th 1110,...
2024.02.21 Motion for Leave to File Amended Answer 213
Location: Los Angeles
Judge: Hobbs, Lynn
Hearing Date: 2024.02.21
Excerpt: ...t may, in furtherance of justice, and on any terms as may be proper, allow a party¿to amend any pleading or proceeding by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or 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, u pon any terms as may be just, an amendm...
2024.02.20 Motion for Summary Judgment, Adjudication 612
Location: Los Angeles
Judge: Hobbs, Lynn
Hearing Date: 2024.02.20
Excerpt: ...r an opposing party cannot show evidentiary support for a pleading or claim and to enable an order of summary dismissal without the 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 ...
2024.02.20 Motion for Summary Adjudication 608
Location: Los Angeles
Judge: Hobbs, Lynn
Hearing Date: 2024.02.20
Excerpt: ...(Aguilar v. Atl. Richfield Co. (2001) 25 Cal. 4th 826, 843.) “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 evide nce' 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.” (...
2024.02.20 Demurrer 330
Location: Los Angeles
Judge: Hobbs, Lynn
Hearing Date: 2024.02.20
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. (Code Civ. Proc., §§ 430.30, 430.70.) At the pleading stage, a plaintiff need only allege ultimate facts sufficient to apprise the ...
2024.02.16 Motion to Compel Deposition of PMK 591
Location: Los Angeles
Judge: Hobbs, Lynn
Hearing Date: 2024.02.16
Excerpt: ...ing served a valid objection under Section 2025.410, fails to appear for examination, or to proceed with it, or to produce for inspection any document … described in the deposition notice, the party giving the notice may move for an order compelling the deponent's attendance and testimony , and the production for inspection of any document… described in the deposition notice.” (CCP § 2025.450(a).) This motion shall set forth specific facts...
2024.02.13 Motion to Set Aside Dismissal and Enter Judgment 358
Location: Los Angeles
Judge: Hobbs, Lynn
Hearing Date: 2024.02.13
Excerpt: ...3, 2022, the case was dismissed after the parties stipulated for dismissal due to settlement. The Court retained jurisdiction to make orders to enforce any and all terms of settlement, including judgment, pursuant to CCP section 664.6. On December 5, 2023, State Farm filed a motion to set aside dismissal and for entry of judgment. No opposition has been filed. Legal Standard CCP section 664.6 provides that “[i]f parties to pending litigation st...
2024.02.13 Motion for Terminating Sanctions 707
Location: Los Angeles
Judge: Hobbs, Lynn
Hearing Date: 2024.02.13
Excerpt: ...uired 24-hour home health care services, allegedly provided by defendants. On the morning of 02/24/2022 at approximately 7:57am, a caregiver employed by defendants, who was supposed to have been providing the decedent with 24-hour home health care, found the decedent lying face down on the bathroom floor in a pool of her own blood. She was rushed to the hospital and spent eight excruciating days in the hospital on life support. On 03/04/2022, the...
2024.02.09 Motion for Summary Judgment 433
Location: Los Angeles
Judge: Hobbs, Lynn
Hearing Date: 2024.02.09
Excerpt: ...ies' 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.) “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, sho...
2024.02.09 Motion for Leave to File Amended Complaint 556
Location: Los Angeles
Judge: Hobbs, Lynn
Hearing Date: 2024.02.09
Excerpt: ...ay, in furtherance of justice, and on any terms as may be proper, allow a party¿to amend any pleading or proceeding by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or 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 ...
2024.02.09 Demurrer 286
Location: Los Angeles
Judge: Hobbs, Lynn
Hearing Date: 2024.02.09
Excerpt: ...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 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.4...

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