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2023.08.10 Demurrer to FAC 154
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2023.08.10
Excerpt: ...pleading or via proper judicial notice. (ld.) "[T]he complaint need only allege facts sufficient to state a cause of action; each evidentiary fact that might eventually form part of the plaintiffs proof need not be alleged." (C.A. v. William S. Hart Union High School Dist. (2012) 53 Cal.4th 861, 872.) "In order to state a cause of achon for negligence, the complaint must allege facts suffcient to show a legal duty on the part of the defendant to ...
2023.08.09 Motion to Withdraw Funds from Clerk of Court 281
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2023.08.09
Excerpt: ...fendant Richards and that no appearance was made by Plaintiff or Defendant Michael Allison. The parties were ordered to comply with Local Rule 34011. On March 10, 2023, the Court dismissed the achon without prejudice for the parties' lack of compliance with Local Rule 3401.2 Despite the action being dismissed, Defendant Richards filed the instant motion, seeking an order to release the deposited funds to her. Thereafter, Global filed its motion f...
2023.08.09 Motion for Reconsideration of Prior Order 208
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2023.08.09
Excerpt: ...stating what application was made before, what judge heard the matter, what orders were made, and what new or different facts, circumstances, or law are claimed to be shown. CCP S 1008(a). The motion for reconsideration must be made to the same judge who heard the original motion. CCP S 1008(a). "An established exception to the general rule limiting reconsiderations is that where the judge who made the initial ruling is unavailable to reconsider ...
2023.08.08 OSC Re Contempt 938
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2023.08.08
Excerpt: ...y. Pursuant to CCP S128(a) provides that the court shall have the power (3) "To provide for the orderly conduct of proceedings before it, or its offcers." (5) "To control in furtherance of justice, the conduct of its ministerial officers, and of all other person in any manner connected with a judicial proceeding before it, in every matter Page 4 of 5 pertaining thereto." (8) "To amend and control its process and orders so as to make them conform ...
2023.08.08 Demurrer on TAC 169
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2023.08.08
Excerpt: ... A general demurrer lies where the pleading does not state facts sufficient to constitute a cause of action. (CCP S 430.10(e).) In evaluating a demurrer, the court gives the pleading a reasonable interpretation by reading it as a whole and all of its parts in their context. (Moore v. Regents of university of California (1990) 51 Cal.3d 120, 125.) The court assumes the truth of all material facts which have been properly pleaded, of facts which ma...
2023.08.07 Motion to Compel Responses 912
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2023.08.07
Excerpt: ...nt, thus, the request is denied. (Jordache Enterprises, Inc. v. Brobeck, Phleger & Harrison (1998) 18 Cal.4th 739, 748, fn. 6; Appel v. Superior Court (2013) 214 Cal.App.4th 329, 342, fn. 6.) A party may propound to another party any interrogatories that are relevant to the subject matter of the pending action. (CCP S 2030.030(a)(2).) The party to whom interrogatories have been propounded shall respond by: (1) an answer containing the information...
2023.08.07 Motion to Compel Further Responses 232
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2023.08.07
Excerpt: ...without merit or too general. (CCP S 2030.300(a).) A party can claim an inability to respond if they do not have personal knowledge sufficient to respond to an interrogatory, but they must make a "reasonable and good faith attempt to obtain the information." (CCP 52030.220(c).) In a motion for an order compelling further response to ROGs, the burden is on the responding party to justify any objection or failure to answer the interrogatories fully...
2023.08.07 Demurrer 330
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2023.08.07
Excerpt: ...egations or the plaintiff's ability to prove those allegations. (Picton v. Anderson Union High Sch. Dist. (1996) 50 Cal.App.4th 726, 732.) The court must treat as true all of the complaint's material factual allegations, but not contentions, deductions or conclusions offact or law, and may consider exhibits attached to the complaint. (ld. at 732-33; Yvanova v. New Century Mortgage Corp. (2016) 62 Cal.4th 919, 924.) Specific factual allegations mo...
2023.08.04 Demurrer to FAC 407
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2023.08.04
Excerpt: ...t. (Moore v. Regents of University of California (1990) 51 Cal.3d 120, 125.) The court assumes the truth of all material facts which have been properly pleaded, of facts which may be inferred from those expressly pleaded, and of any material facts of which judicial notice has been requested and may be taken. (Crowley v. Katleman (1994) 8 Cal. 4th 666, 672.) However, a demurrer does not admit contentions, deductions or conclusions of fact or law. ...
2023.08.03 Motion to Compel Responses 237
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2023.08.03
Excerpt: ... incomplete, or evasive, or an objection in the response is without merit or too general), that party may file a motion compelling further responses. (CCP S 2030.300, S 2033.290.) The motion must be filed and served within 45 days after verified responses were served. (CCP S 2030.300(c), S 2033.290(c).) upon a timely motion to compel further responses, the responding party has the burden to justify any objection or failure to fully respond to the...
2023.08.03 Demurrer on FACC, Motion to Strike 201
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2023.08.03
Excerpt: ...f action within 20 days. Cross- Defendant's Motion to Strike as to the attorney's fees is denied. A general demurrer lies where the pleading does not state facts sufficient to constitute a cause of action. C.C.P. S 430.10(e). In evaluating a demurrer, the court gives the pleading a reasonable interpretation by reading it as a whole and all of its parts in their context. Moore v. Regents of university of California (1990) 51 Cal.3d 120, 125. The c...
2023.08.02 Demurrer, Motion to Strike 627
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2023.08.02
Excerpt: ...demurrer, the court gives the pleading a reasonable interpretation by reading it as a whole and all of its parts in their context. (Moore v. Regents of University of California (1990) 51 Cal. 3d 120, 125.) The court assumes the truth of all material facts which have been properly pleaded, of facts which may be inferred from those expressly pleaded, and of any material facts of which judicial notice has been requested and may be taken. (Crowley v....
2023.08.02 Motion to Strike 425
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2023.08.02
Excerpt: ...t is granted. Judicial notice may be taken of "[flacts and proposition that are not reasonably subject to dispute and are capable of immediate and accurate determination by resort to sources of reasonably indisputable accuracy." (Evid. Code, 5452(h).) Such facts and proposition may include documents referenced in the pleading. For instance, judicial notice has been taken of media release and a related letter upon request by the demurring party, w...
2023.08.02 Motion to Set Aside Default, Judgment 803
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2023.08.02
Excerpt: ...xercised only after the party seeking relief has shown that there is a proper ground for relief, and that the party has raised that ground in a procedurally proper manner, within any applicable time limits."2 (Cruz v. Fagor America, Inc. (2006) 146 Cal.App.4th 488, 495). CCP S 473(b) further provides that an application for relief "shall be accompanied by a copy of the answer or other pleading proposed to be filed therein." The party moving for r...
2023.08.02 Motion to Strike Answer 177
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2023.08.02
Excerpt: ...n terms it deems proper, "[s]trike out any irrelevant, false, or improper matter inserted in any pleading." (CCP S 436(a).) An immaterial or irrelevant allegation is one that "is not essential to the statement of a claim or defense"; "is neither pertinent to nor supported by an otherwise sufficient claim or defense"; or "[al demand for judgment requesting relief not supported by the allegations of the complaint[.]" (CCP S 431.10(b).) As with a de...
2023.08.01 Motion for Summary Judgment 006
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2023.08.01
Excerpt: ...ce Superintendent for the DMV. He oversees construction and maintenance at 15 different DMV facilities in the Southern California area, including the DMV Field Office in Riverside (the "Riverside Field Offce." (Brown Decl., 91.) Plaintiff makes some 13 objections (Nos. 2, 30-42) to the Baker declaration, based on lack of personal knowledge, speculation, lacks foundation, hearsay, calls for expert opinion and irrelevant. These objections are susta...
2023.07.31 Motion to Set Aside Complaint 938
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2023.07.31
Excerpt: ...d complaint "opens" the default — entitling defendant to plead to the amended complaint. (Engebretson & Co., Inc. v. Harrison (1981) 125 Cal.App.3d 436, 442-443; Ostling v. ü)ring (1994) 27 cal.App.4th 1731, 1744; crestmar owners Ass'n. v. stapakis (2007) 157 calApp.4th 1223, 1231.) Defendants who defaulted to the original complaint must be served with an amended complaint containing the substantive changes. In effect, plaintiff waives the rig...
2023.07.31 Motion to Require Security 923
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2023.07.31
Excerpt: ...extent these documents exist as part of the court record or file, but not for the truth of the matters stated therein, unless the matters are indisputably true. (Evid. Code, S452(d) [judicial notice may be taken of records of any court of this state]; See Sosinsky v. Grant (1992) 6 Cal.App.4th 1548, 1564-1569; also see Fremont Indem. Co. v. Fremont Gen. Corp. (2007) 148 Cal.App.4th 97.) Exhibits 2, 4, 6, 8, IC)-15 (court orders): Granted as judic...
2023.07.31 Motion for Attorney Fees 031
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2023.07.31
Excerpt: ...rily falls 60 days after notice of entry of judgment, or 180 days after entry of judgment, whichever is first." (Kaufman v. Diskeeper Corp. (2014) 229 Cal.App.4th 1, 8.) It is undisputed here that judgment has not been entered. GM also relies on DeSaulles v. Community Hospital of Monterey Peninsula (2016) 62 Cal.4th 1140 to support its conclusion that the instant motion is not timely. However, that case held that settlement payment constituted "n...
2023.07.28 Motion to Compel Arbitration 911
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2023.07.28
Excerpt: ...r create conflicting rulings on common issues. CCP 51281.2. A proceeding to compel arbitration is in essence a suit in equity to compel specific performance of a contract. Freeman v. State Farm Mutual Auto Insurance Co. (1975) 14 Cal.3d 473, 479. The petition to compel must set forth the provisions of the written agreement and the arbitration clause verbatim, or such provisions must be attached and incorporated by reference. Cal. R. Ct. 3.1330; s...
2023.07.20 Motion to Set Aside Default 639
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2023.07.20
Excerpt: ...(CCP S 473.5(a).) "This section is designed to prov-de relief where there has been proper service of summons (e.g., by substitute service or by Page 3 of 7 publication) but defendant nevertheless did not find out about the action in tme to defend." (Weil & Brown, Civil Procedure Before Trial (The Rutter Group 2022) 5:420, p. 5-1222 [italics in original].) Secton 473.5(a) requires the defaulting party to serve and file the notice of motion within ...
2023.07.20 Motion for Preliminary Injunction 093
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2023.07.20
Excerpt: ...ary injunction is to preserve the status quo until there is a final determination of a cause of action." (Assn. for Los Angeles Deputy Sheriffs v. Cnty. of Los Angeles (2008) 166 Cal.App.4th 1625, 1634.) Pursuant to CCP S 526(a)(3), a preliminary injunction may issue: When it appears, during the litigation, that a party to the action is doing, or threatens, or is about to do, or is procuring or suffering to done, some act in violation of the righ...
2023.07.18 Motion for Summary Judgment, Adjudication 556
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2023.07.18
Excerpt: ...or of the moving party without the necessity of trial. Civ. Proc., S 437c; Aguilar v. Atlantic Richfield Co. 25 Cal.4th 826, 850.) A defendant may alternatively move for summary adjudication as to a cause of action, but a motion for summary adjudication can only be granted if it completely disposes of the cause of action to which it is directed. Civ. Proc., S 437c(f)(1).) A defendant has met his or her burden under Code Civ. Proc., of showing a c...
2023.07.18 Motion for Summary Judgment, Adjudication 556
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2023.07.18
Excerpt: ...or of the moving party without the necessity of trial. Civ. Proc., S 437c; Aguilar v. Atlantic Richfield Co. 25 Cal.4th 826, 850.) A defendant may alternatively move for summary adjudication as to a cause of action, but a motion for summary adjudication can only be granted if it completely disposes of the cause of action to which it is directed. Civ. Proc., S 437c(f)(1).) A defendant has met his or her burden under Code Civ. Proc., of showing a c...
2023.07.10 Motion to Enforce Discovery Order 630
Location: Riverside
Judge: Magno, O.G.
Hearing Date: 2023.07.10
Excerpt: ... requests, the court may impose monetary, issue, evidentiary and/or terminating sanctons. (CCP S 2023.030(a)—(d); 2030.300(e); 2031.310(i).)1 Terminating sanctons can take the form of (1) striking out the party's pleading or part thereof; (2) staying further proceedings by that party until he or she obeys the court order; (3) dismissing that party's action, or any part thereof; or (4) rendering default judgment against that party. (CCP S 2023.0...

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