Excerpt: ...filed a jo inder to the opposition, which the court accepts. The court shall grant preference if the moving party is over the age of 70 years, has a substantial interest in the action, and “[t]he health of the party is such that a preference is necessary to prevent prejudicing the party's interest in the litigation.” (Code Civ. Proc., § 36, subd. (a).) The court may also “grant a motion for preference that is accompanied by clear and conv...

Excerpt: ...on February 6 , 2024 to be heard March 5, 2024 —the day after trial is to commence. Plaintiff objects that the instant motion is untimely pursuant to Code of Civil Procedure section 438(e). However, a party may nonetheless file an untimely motion provided “the moving party did not demur to the complaint . . . on the same grounds as is the basis for the motion provided for in this section.” (Code Civ. Proc., § 438, subd. (g)(2).) As defend...

Excerpt: ...ble.” (Cod e Civ. Proc., § 430.10, subd. (f).) A demurrer tests the legal sufficiency of the pleadings, not the truth of the allegations or the accuracy of the described conduct. (Bader v. Anderson (2009) 179 Cal.App.4th 775, 787.) The allegations in the pleadings ar e deemed true no matter how improbable they may seem. (Del E. Webb Corp. v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604.) However, the court does not assume the truth ...

Excerpt: ...omplianc e with the claims presentation requirement, but the public records do not reflect compliance, the governmental entity can request the court to take judicial notice under Evidence Code section 452, subdivision (c) that the entity's records do not show compl iance.”].) However, while the court may take judicial notice of the existence of the public documents, the court may not take 17 judicial notice of “disputed or disputable facts s...

Excerpt: ...t o the first cause of action in their complaint for breach of contract. Summary adjudication requires a showing that there is no merit to one or more of the causes of action. (Id. at § 437c, subd. (f)(1).) A motion for summary adjudication proceeds “in a ll procedural respects as a motion for summary judgment.” (Id. at § 437c, subd. (f)(2).) In reviewing the motion, the trial court must view the supporting evidence, and inferences reasona...

Excerpt: ...23 are overruled. Ruling on Motion Defendant's motion for summary judgment is granted. Defendant moves for summary judgment as to the sole cause of action for negligence on the grounds that (1) defendant does not owe a duty to plaintiff and (2) there is a la ck of causation between defendant's acts or omissions and plaintiff's injuries. A motion for summary judgment may be granted if “all the papers submitted show that there is no triable issue...

Excerpt: ...dication. Ayala requests fees in the amount of $318,748. Ayala separately filed a memorandum of costs requesting costs on August 9, 2023, in the total amount of $14,697.51, not including attorneys' fees. Plaintiff's opposition to the present motion, filed November 2 9, 2023, is titled “Memorandum of Points and Authorities in Opposition to Motion for Attorney's Fees and Combined With Motion to Tax Costs”. To the extent plaintiff moves to str...

Excerpt: ...udgment bears the burden of showing there is no triable issue of material fact and that the party is entitled to judgment as a matter of law. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850.) The moving party has the burden of showing, by affidavit, fa cts establishing every element necessary to sustain a judgment in favor of the party. (Consumer Cause, Inc. v. SmileCare (2001) 91 Cal.App.4th 454, 468.) Once a plaintiff proves its ...

Excerpt: ... without the causes of action for premises liability and/or negligence. A demurrer tests the legal sufficiency of the pleading, not the truth of the plaintiff's allegations or accuracy of the described conduct. (Bader v. Anderson (2009) 179 Cal.App.4th 775, 787.) The allegations in the pleading are deemed to be true no matter how improbable the allegations may seem. (Del E. Webb Corp. v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604.) H...

Excerpt: ... th e causes of action for negligence and premises liability in plaintiff Michael Bickers's first amended complaint. A motion for summary judgment may be granted if “all the papers submitted show that there is no triable issue as to any material fact and the moving party is entitled to a judgment as a matter of law.” (Code Civ. Proc. § 437c, subd. (c).) 4 This is compared to summary adjudication that requires a showing that there is no meri...

Excerpt: ...his depo sition. 13 Deponent Kevin Loewen refused to respond to multiple questions posed during his deposition based on attorney -client privilege and attorney work product protection, among other objections. Petitioner argues the objections were appropriate in l ight of an ongoing independent investigation into possible conflicts of interest regarding the deponent. Petitioner cites Costco Wholesale Corp. v. Superior Court (2009) 47 Cal.4th 725,...

Excerpt: ...for sanctions is denied. However, repeated failures to comply with discovery obligations may lead the court to find an abuse of the discovery process and award sanctions on that basis. (Laguna Auto Body v. Farmers Ins. Exchange (1991) 231 Cal.App.3d 481, overruled on other grounds in Garcia v. McCutchen (1997) 16 Cal.4th 469, 478, fn. 4.) 15 Motion to Compel Special Interrogatories Plaintiff's unopposed motion to compel responses to special inte...

Excerpt: ...ction 17704 .10 provides, in pertinent part: (a) Upon the request of a member . . . , for purposes reasonably related to the interest of that person as a member . . . , a manager or, if the limited liability company is 16 member -managed, a member in possession of th e requested information, shall promptly deliver, in writing, to the member or transferee, at the expense of the limited liability company, a copy of the information required to be ma...

Excerpt: ...aintiffs have not alleged sufficient facts of extreme or outrageous conduct where defendants intended or acted with reckless disregard to cause plaintiffs emotional distress. The remainder of the demurrer is overruled as there are sufficient factual allegations p leaded to support the first cause of action for negligence and fifth cause of action for breach of contract/breach of implied covenant. The second amended complaint shall be filed and...

Excerpt: ...ng party i s entitled as a matter of right to recover costs in any action or proceeding.” (Code Civ. Proc., § 1032, subd. (b).) Code of Civil Procedure section 1033.5 specifies allowable costs and prohibited costs. (Code Civ. Proc., § 1033.5, subds. (a) [allowable co sts], (b) [disallowed costs].) Costs neither allowed nor disallowed “may be allowed or denied in the court's discretion” provided they are “reasonably necessary to the con...

Excerpt: ... pel arbitration in unrelated cases are neither precedential nor persuasive authority with respect to the court's ruling on the instant motion. The court has not considered the rulings of other trial courts on unrelated motions to compel arbitration in arriving at its decision in this matter. Plaintiff's objection to defendants' request for judicial notice filed on February 13, 2024, are sustained. Defendants' request for judicial notice filed ...

Excerpt: ...because his driver's license has been suspended without due process in violation of the Fourteenth Amendment of the United States Constitution. A motion for summary judgment or adjudication may be granted if “all the papers submitted show that there is no triable issue as to any material fact and the moving party is entitled to a judgment as a matter of law.” (Code Civ. Proc. § 437c, subd. (c).) Plaintiff, as the moving party, meets their bu...

Excerpt: ...l violations in a civil proceeding. A party may demur to causes of action that were improperly included without leave of court. (Code Civ. Proc. § 430.10; Zakk v. Diesel (2019) 33 Cal.App.5th 431, 456.) A demurrer tests the legal sufficiency of the pleading, not the tru th of the plaintiff's allegations or accuracy of the described conduct. (Bader v. Anderson (2009) 179 Cal.App.4th 775, 787.) The allegations in the pleading are deemed to be true...

Excerpt: ...to supplemental reply declaration of Daniel Williams is denied. (Code Civ. Proc. § 435.5.) Ruling on Motion Plainti
¯ Steve Frye moves to disqualify attorney Kenneth Brooks from representing defendants California Chiropractic Wellness Corporation, individually and dba New Life Chiropractic, and Timothy Alan Smith in this action. Plainti
¯ also moves to disqualify attorney Rajeev Madnawat from representing defendants Cristina Cyphers, Alexa Gar...

Excerpt: ...ception to this general principle under the doctrine of equitable estoppel: “[A] nonsignatory defendant may invoke an arbitration clause to compel a signatory plainti
¯ to arbitrate its claims when the causes of action against the nonsignatory are ‘intimately founded in and intertwined' with the underlying contract obligations. [Citation.]” (Ibid., citation omitted.) “The fundamental point is that a party is not entitled to make use of [...

Excerpt: ...r requiring plainti
¯ to furnish a security pursuant to Code of Civil Procedure section 391.1. Plainti
¯ Þled an opposition, signed by counsel Natalie Ludwig, on July 13, 2023. No declaration or a
¯idavit was submitted with the opposition. The motion came for hearing on October 3, 2023, where plainti
¯ was present with Ludwig's law partner, Travis Stroud, who presented argument but no evidence. The court took the matter under submission and ...

Excerpt: ...ted matters, Dec. 8, 2023.) While the ruling did order Ms. Dolmo to Þle her responsive pleading by December 22, 2023, she elected to Þle the instant demurrer to the SAC. The court elects to review the instant demurrer on its substance. A party may demur where the pleading does not state facts su
¯icient to constitute a cause of action or where the pleading is uncertain. (Code Civ. Proc., § 430.10, subds. (e), (f).) “Uncertain” is deÞned ...

Excerpt: ...res judicata and collateral estoppel. A party may demur where the 19 pleading does not state facts su
¯icient to constitute a cause of action. (Code Civ. Proc. § 430.10, subd. (e).) A demurrer tests the legal su
¯iciency of the pleading, not the truth of the plainti
¯'s allegations or accuracy of the described conduct. (Bader v. Anderson (2009) 179 Cal.App.4th 775, 787.) The allegations in the pleading are deemed to be true no matter how impr...

Excerpt: ...nforced by the courts. (Madden v. Kaiser Foundation Hospitals (1976) 17 Cal.3d 699, 706; Laswell v. AG Seal Beach, LLC (2010) 189 Cal.App.4th 1399, 1405.) A threshold question for any motion to compel arbitration is whether an agreement to arbitrate exists between the parties. (Cruise v. Kroger Co. (2015) 233 Cal.App.4th 390, 396.) It is the petitioner that carries this initial burden of proving, by a preponderance of the evidence, the existence ...

Excerpt: ...pond. (Code Civ. Proc., §§ 1089.5, 1088.5.) A review of the court Þle reveals the time for all respondents' answer or other response has not yet elapsed and no answer has yet been Þled. Accordingly, petitioners' request that the court rule on the veriÞed petition is premature. To allow time for respondents to answer, the court continues the hearing on the veriÞed petition for writ of mandate to be heard February 27, 2024 at 8:30 a.m. in Dep...