Excerpt: ...nst that defendant, then the court should grant a defendant's motion only if the court finds as a matter of law that the complaint fails to alleges facts sufficient to constitute the cause of action. (See id., § 438 subd. (c)(1)(B)(ii);see also Mechanical Contractors Assn. v. Greater Bay Area Assn. (1998) 66 Cal.App.4th 672, 677.) “The standard for granting a motion for judgment on the pleadings is essentially the same as that applicable to a ...

Excerpt: ...VERRULED. Ormiston's objection to the Berman declaration is SUSTAINED for lack of foundation and hearsay. I. MOTION TO QUASH SERVICE A defendant may serve and file a motion to quash service of summons on the grounds of a lack of jurisdiction over him or her. (Code Civ. Proc., § 418.10 subd. (a)(1).) A plaintiff opposing a motion to quash service for lack of personal jurisdiction “has the initial burden to demonstrate facts establishing a basis...

Excerpt: ...e production of books, documents, electronically stored information, or other things before a court, or at the trial of an issue therein, or at the taking of a deposition, the court, upon motion reasonably made by any person described in subdivision (b), 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...

Excerpt: ...t held in Blank v. Kirwan (1985) Cal.3d 311: “We treat the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law. . . . Further, we give the complaint a reasonable interpretation, reading it as a whole and its parts in their context.” (Id. at p. 318; see also Hahn. v. Mirda (2007) 147 Cal.App.4th 740, 747 (“A demurrer tests the pleadings alone and not the evidence or other e...

Excerpt: ...ng which would, if meritorious, affect (a) title to, or the right to possession of, specific real property . . . .' ‘If the pleading filed by the claimant does not properly plead a real property claim, the lis pendens must be expunged upon motion under CCP 405.31.' [Citation.]” (Kirkeby v. Superior Court of Orange County (2004) 33 Cal.4th 642, 647.) “The potential for a notice of lis pendens to pour sand into the smooth gears of a real esta...

Excerpt: ...v. Proc., § 2031.010(b).) The demanding party may move for an order compelling further response to the demand if the demanding party deems that (1) a statement of compliance with the demand is incomplete, (2) a representation of inability to comply is inadequate, incomplete, or evasive, or (3) an objection in the response is without merit or too general. (Code Civ. Proc., § 2031.310(a).) “The motion shall set forth specific facts showing good...

Excerpt: ...ent, and the previous attempt was denied on April 18, 2019. “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 other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect.” (Code Civ. Proc. § 473, subd. (b).) “Such relief depends upon the existence of “mistake, inadvertence, surprise, or excusable ne...

Excerpt: ... as to any material fact and that the moving party is entitled to judgment as a matter of law,” the moving party will be entitled to summary judgment. (Adler v. Manor Healthcare Corp. (1992) 7 Cal.App.4th 1110, 1119.) A motion for summary adjudication may be made by itself or as an alternative to a motion for summary judgment and shall proceed in all procedural respects as a motion for summary judgment. (Code Civ. Proc. § 437c, subd. (f)(2).) ...

Excerpt: ...TED. I. DEMURRER A demurrer should be sustained only where the defects appear on the face of the pleading or are judicially noticed. (Code Civ. Pro., §§ 430.30, et seq.) A court should sustain a demurrer if a complaint does not allege facts that are legally sufficient to constitute a cause of action. (See id. § 430.10, subd. (e).) As the Supreme Court held in Blank v. Kirwan (1985) Cal.3d 311: “We treat the demurrer as admitting all material...

Excerpt: ...onably made by any person described in subdivision (b), 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 or conditions as the court shall declare, including protective orders. In addition, the court may make any other order as may be appropriate to protect the person from unreasonable or op...

Excerpt: ...re, a court should sustain a demurrer if a complaint does not allege facts that are legally sufficient to constitute a cause of action. (See id. § 430.10, subd. (e).) As the Supreme Court held in Blank v. Kirwan (1985) Cal.3d 311: “We treat the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law. . . . Further, we give the complaint a reasonable interpretation, reading it as ...

Excerpt: ...eat the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law. . . . Further, we give the complaint a reasonable interpretation, reading it as a whole and its parts in their context.” (Id. at p. 318; see also Hahn. v. Mirda (2007) 147 Cal.App.4th 740, 747 [“A demurrer tests the pleadings alone and not the evidence or other extrinsic matters. Therefore, it lies only where the d...

Excerpt: ... no authority that would allow the bringing of this dispositive motion, based on evidentiary materials outside the pleadings and judicially noticeable matters, to resolve essential issues in the case. The court agrees with Defendant that this motion is effectively one for summary adjudication of dispositive issues, and as such is procedurally defective. (Opposition at p. 1; see Code Civ. Proc. § 437c.)[1] This case also involves numerous triable...

Excerpt: ...e Civ. Pro., §§ 430.30, et seq.) In particular, as is relevant here, a court should sustain a demurrer if a complaint does not allege facts that are legally sufficient to constitute a cause of action. (See id. § 430.10, subd. (e).) As the Supreme Court held in Blank v. Kirwan (1985) Cal.3d 311: “We treat the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law. . . . Further...

Excerpt: ...de of Civil Procedure section 1013. If the cost memorandum was served electronically, the period is extended as provided in Code of Civil Procedure section 1010.6(a)(4).” (California Rules of Court Rule 3.1700, subd. (b)(1).) “Code of Civil Procedure section 1032, subdivision (b) [], guarantees prevailing parties in civil litigation awards of the costs expended in the litigation: ‘Except as otherwise expressly provided by statute, a prevail...

Excerpt: ... tax costs must be served and filed 15 days after service of the cost memorandum. If the cost memorandum was served by mail, the period is extended as provided in Code of Civil Procedure section 1013. If the cost memorandum was served electronically, the period is extended as provided in Code of Civil Procedure section 1010.6(a)(4).” (California Rules of Court Rule 3.1700, subd. (b)(1).) “Code of Civil Procedure section 1032, subdivision (b) ...

Excerpt: ...er 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,” the moving party will be entitled to summary judgment. (Adler v. Manor Healthcare Corp. (1992) 7 Cal.App.4th 1110, 1119.) A motion for summary adjudication may be made by itself or as an alternative to a motion for summary judgment and shall proceed in all procedural respects as a motion f...

Excerpt: ...ial facts properly pleaded, but not contentions, deductions or conclusions of fact or law. . . . Further, we give the complaint a reasonable interpretation, reading it as a whole and its parts in their context.” (Id. at p. 318; see also Hahn. v. Mirda (2007) 147 Cal.App.4th 740, 747 (“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 pleadi...

Excerpt: ...NIED as to Interrogatory No. 17. Plaintiff Ryan McCarl's Motions to Compel Further Responses to Form Interrogatories, Set One, from Defendant U.S. Residential Group LLC is GRANTED as to Form Interrogatories No. 4.1 <0011000300140011001400 00440051004700030014[6.2. Plaintiff Ryan McCarl's Motions to Compel Further Responses to Requests for Admission, Set One, from Defendant U.S. Residential Group LLC is GRANTED as to Requests (Facts) No. 3– <005...

Excerpt: ...ain a demurrer if a complaint does not allege facts that are legally sufficient to constitute a cause of action. (See id. § 430.10, subd. (e).) As the Supreme Court held in Blank v. Kirwan (1985) Cal.3d 311: “We treat the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law. . . . Further, we give the complaint a reasonable interpretation, reading it as a whole and its parts i...

Excerpt: ...) that the answer is uncertain, which term includes “ambiguous” and “unintelligible”; and (3) that, where the answer pleads a contract, it cannot be ascertained from the answer whether the contract is written or oral. (CCP § 430.20.) An Answer's affirmative defenses must “be separately stated, and the several defenses shall refer to the causes of action which they are intended to answer, in a manner by which they may be intelligibly di...

Excerpt: ...eged information. Sanctions are awarded in the amount of $102 in favor of McCarl. Plaintiff Ryan McCarl's Motion to Compel Further Responses to Form Interrogatories, Set Onefrom Defendant Verbena SPE 3 LP, GRANTED as to Form Interrogatories No. 3.7, 15.1, 17.1 (as to Requests for Admission No. 1, 2, 3, and 5–10), and 50.2, and as to preliminary statements framing responses as based on “information and documents which are presently available t...

Excerpt: ...v. Proc. § 2025.410, subd. (c).) The court may also, for good cause shown, “make any order that justice requires to protect any party, deponent, or other natural person or organization from unwarranted annoyance, embarrassment, or oppression, or undue burden and expense” as relates to depositions. (Code Civ. Proc. § 2025.420, subd. (b).) Blue Shield moves to quash three notices of deposition and asks for a protective order preventing any de...

Excerpt: ...rt should sustain a demurrer if a complaint does not allege facts that are legally sufficient to constitute a cause of action. (See id. § 430.10, subd. (e).) As the Supreme Court held in Blank v. Kirwan (1985) Cal.3d 311: “We treat the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law. . . . Further, we give the complaint a reasonable interpretation, reading it as a whole a...

Excerpt: ... 30 days leave to amend. I. DEMURRER A demurrer should be sustained only where the defects appear on the face of the pleading or are judicially noticed. (Code Civ. Pro., §§ 430.30, et seq.) In particular, as is relevant here, a court should sustain a demurrer if a complaint does not allege facts that are legally sufficient to constitute a cause of action. (See id. § 430.10, subd. (e).) As the Supreme Court held in Blank v. Kirwan (1985) Cal.3d...

Excerpt: ... should be sustained only where the defects appear on the face of the pleading or are judicially noticed. (Code Civ. Pro., §§ 430.30, et seq.) In particular, as is relevant here, a court should sustain a demurrer if a complaint does not allege facts that are legally sufficient to constitute a cause of action. (See id. § 430.10, subd. (e).) As the Supreme Court held in Blank v. Kirwan (1985) Cal.3d 311: “We treat the demurrer as admitting all...

Excerpt: ...g Sanctions will be GRANTED against Joea and Red Vans. I. MOTION FOR TERMINATING SANCTIONS The court may impose terminating sanctions, include an order striking pleadings, and order dismissing an action, or an order rendering judgment by default against a party, for conduct that is a misuse of the discovery process. (Code Civ. Proc., § 2023.030.) This conduct include “[f]ailing to respond or to submit to an authorized method of discovery,” a...

Excerpt: ... compel GM to produce a PMK for deposition with respect to various deposition topics concerning GM's policies and procedures for lemon-law buyback claims, with accompanying requests for production. GM argues that Huante failed to adequately meet-and-confer before filing this motion. (Opposition at p. 4.) GM also argues that the scope of the deposition notice is overbroad and concerns matters beyond the scope of this ordinary lemon law action. (Op...

Excerpt: ...he face of the pleading or are judicially noticed. (Code Civ. Pro., §§ 430.30, et seq.) A court should sustain a demurrer if a complaint does not allege facts that are legally sufficient to constitute a cause of action. (See id. § 430.10, subd. (e).) As the Supreme Court held in Blank v. Kirwan (1985) Cal.3d 311: “We treat the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or...

Excerpt: ...19, seeking $59,836.35. “Any notice of motion to strike or to tax costs must be served and filed 15 days after service of the cost memorandum. If the cost memorandum was served by mail, the period is extended as provided in Code of Civil Procedure section 1013. If the cost memorandum was served electronically, the period is extended as provided in Code of Civil Procedure section 1010.6(a)(4).” (California Rules of Court Rule 3.1700, subd. (b)...

Excerpt: ...her action pending in federal court seeking class relief for the same Labor Code violations. (Motion at pp. 3–4.) That case is Joshua Kouchi v. American Airlines, Inc. (C.D. Cal.) Case No.: 2:18-cv-07802-PSG- AGR. The causes of action asserted in that case, on behalf of a class of aggrieved employees, are: 1.Failure to Pay Minimum Wage (Lab. Code § 1194) 2.Failure to Pay Overtime (42 U.S.C. § 206) <0086008600030015001500 000c[ 4.Failure to Pr...

Excerpt: ...e production of books, documents, electronically stored information, or other things before a court, or at the trial of an issue therein, or at the taking of a deposition, the court, upon motion reasonably made by any person described in subdivision (b), 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...

Excerpt: ...ally noticed. (Code Civ. Pro., §§ 430.30, et seq.) In particular, as is relevant here, a court should sustain a demurrer if a complaint does not allege facts that are legally sufficient to constitute a cause of action. (See id. § 430.10, subd. (e).) As the Supreme Court held in Blank v. Kirwan (1985) Cal.3d 311: “We treat the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or ...

Excerpt: ...0, subd. (e).) As the Supreme Court held in Blank v. Kirwan (1985) Cal.3d 311: “We treat the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law. . . . Further, we give the complaint a reasonable interpretation, reading it as a whole and its parts in their context.” (Id. at p. 318; see also Hahn. v. Mirda (2007) 147 Cal.App.4th 740, 747 (“A demurrer tests the pleadings alo...

Excerpt: ...dence, 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,” the moving party will be entitled to summary judgment. (Adler v. Manor Healthcare Corp. (1992) 7 Cal.App.4th 1110, 1119.) A motion for summary adjudication may be made by itself or as an alternative to a motion for summary judgment and shall proceed in all procedural respects as a motion for summary judgment....

Excerpt: ...treat the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law. . . . Further, we give the complaint a reasonable interpretation, reading it as a whole and its parts in their context.” (Id. at p. 318; see also Hahn. v. Mirda (2007) 147 Cal.App.4th 740, 747 [“A demurrer tests the pleadings alone and not the evidence or other extrinsic matters. Therefore, it lies only where the...

Excerpt: ...treat the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law. . . . Further, we give the complaint a reasonable interpretation, reading it as a whole and its parts in their context.” (Id. at p. 318; see also Hahn. v. Mirda (2007) 147 Cal.App.4th 740, 747 [“A demurrer tests the pleadings alone and not the evidence or other extrinsic matters. Therefore, it lies only where the...

Excerpt: ...No. 13 and 15–17, with the phrase “complaints and/or concerns” limited to “complaints.” The Motion is GRANTED as to Requests No. 18–20, 23, and 25–27, provided that the parties agree to search terms for responsive ESI. The Motion is DENIED as to Requests No. 9, 10, 12, 14, 21, 24, and 30-32. I. MOTION TO COMPEL FURTHER — DOCUMENTS “A party may demand that any other party produce . . . a document that is in the possession, custod...

Excerpt: ...t a referee. Fees are to be split as follows, 25% to Plaintiff, the remaining 75% to be split amongst the three defendants. “When the parties do not consent, the court may, upon the written motion of any party, or of its own motion, appoint a referee in the following cases,” including “[w]hen the court in any pending action determines that it is necessary for the court to appoint a referee to hear and determine any and all discovery motions...

Excerpt: ... in Blank v. Kirwan (1985) Cal.3d 311: “We treat the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law. . . . Further, we give the complaint a reasonable interpretation, reading it as a whole and its parts in their context.” (Id. at p. 318; see also Hahn. v. Mirda (2007) 147 Cal.App.4th 740, 747 (“A demurrer tests the pleadings alone and not the evidence or other extrins...

Excerpt: ...d by a responding party, the former may move the court to compel further interrogatory responses. (Code Civ. Proc., § 2030.300; Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 403.) The propounding party must demonstrate that the responses were incomplete, inadequate or evasive, or that the responding party asserted objections that are either without merit or too general. (Code Civ. Proc., § 203...

Excerpt: ...a document that is in the possession, custody, or control of the party on whom the demand is made.” (Code Civ. Proc., § 2031.010(b).) The demanding party may move for an order compelling further response to the demand if the demanding party deems that (1) a statement of compliance with the demand is incomplete, (2) a representation of inability to comply is inadequate, incomplete, or evasive, or (3) an objection in the response is without meri...

Excerpt: ...arty on whom the demand is made.” (Code Civ. Proc., § 2031.010(b).) The demanding party may move for an order compelling further response to the demand if the demanding party deems that (1) a statement of compliance with the demand is incomplete, (2) a representation of inability to comply is inadequate, incomplete, or evasive, or (3) an objection in the response is without merit or too general. (Code Civ. Proc., § 2031.310(a).) “The motion...

Excerpt: ...for Negligence as brought by Osheen Haghnazarian. A. DEMURRER A demurrer should be sustained only where the defects appear on the face of the pleading or are judicially noticed. (Code Civ. Pro., §§ 430.30, et seq.) A court should sustain a demurrer if a complaint does not allege facts that are legally sufficient to constitute a cause of action. (See id. § 430.10, subd. (e).) As the Supreme Court held in Blank v. Kirwan (1985) Cal.3d 311: “We...

Excerpt: ...rm of lost or postponed business opportunities, lost revenues, and increased expenses resulting from Plaintiff' inability to occupy and use the Property as agreed,” as alleged against Defendants 5860 West Jefferson, LLC and 5860 West Jefferson I, LLC. The motion is otherwise DENIED. I. DEMURRER A demurrer should be sustained only where the defects appear on the face of the pleading or are judicially noticed. (Code Civ. Pro., §§ 430.30, et seq...

Excerpt: ... 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,” the moving party will be entitled to summary judgment. (Adler v. Manor Healthcare Corp. (1992) 7 Cal.App.4th 1110, 1119.) A motion for summary adjudication may be made by itself or as an alternative to a motion for summary judgment and shall proceed in all procedu...

Excerpt: ...the production of books, documents, electronically stored information, or other things before a court, or at the trial of an issue therein, or at the taking of a deposition, the court, upon motion reasonably made by any person described in subdivision (b), 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 up...

Excerpt: ...ed by a responding party, the former may move the court to compel further interrogatory responses. (Code Civ. Proc., § 2030.300; Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 403.) The propounding party must demonstrate that the responses were incomplete, inadequate or evasive, or that the responding party asserted objections that are either without merit or too general. (Code Civ. Proc., § 20...

Excerpt: ... of motion for one or more of the following purposes . . . (1) To quash service of summons on the ground of lack of jurisdiction of the court over him or her.” Defendants here argue that service was improperly made upon them. The proofs of service filed on December 24, 2018, state that all Defendants were served on December 13, 2018, by substitute servce at an address on Monte Mar Drive in Los Angeles, and that documents were left with “Anna ...

Excerpt: ...ragraph, cause of action, count or defense. (California Rules of Court Rule 3.1322.) The grounds for a motion to strike shall appear on the face of the challenged pleading or form any matter of which the court is required to take judicial notice. (Code Civ. Proc., § 437(a)). The court then may strike out any irrelevant, false, or improper matter inserted in any pleading and strike out all or any part of any pleading not drawn or filed in conform...