Excerpt: ...y exists that the overriding interest will be prejudiced if the record is not sealed; (4) The proposed sealing is narrowly tailored; and (5) No less restrictive means exist to achieve the overriding interest. (California Rules of Court (“CRC”) Rule 2.2550, subd. (d).) A party moving to seal records must make a sufficient evidentiary showing to overcome the presumed right of public access to the documents. (see Huffy Corp. v. Superior Court (�...

Excerpt: ...�[r]ecords of (1) any court of this state or (2) any court of record of the United States or of any state of the United States,” and “[f]acts and propositions 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 § 452, subds. (c), (d), and (h).) Sanchez requests judicial notice of the following matters:  A December 29, 20...

Excerpt: ...g a basis for personal jurisdiction.” (HealthMarkets, Inc. v. Superior Court (2009) 171 Cal.App.4th 1160, 1167.) If satisfied, the burden then shifts to defendant to show that exercise of jurisdiction would be unreasonable. (Id.) A court may exercise jurisdiction on any basis not inconsistent with the Constitution of California or of the United States. (Code Civ. Proc., § 410.10.) The exercise of personal jurisdiction is constitutionally permi...

Excerpt: ...Upon the completion of the second day of the PMK deposition, Defendant refused to appear further. [Kaplan Decl., Ex. K.] PMK depositions have no seven hour statutory time limit, as present in individual depositions. <00110003000b0045000c00 00490048005100470044[nt unilaterally ended the deposition after the completion of the second day, and now argues in opposition that termination was justified on grounds that the questions improperly addressed t...

Excerpt: ...Civil defendant cannot invoke privilege without showing actual possibility of criminal prosecution. (Blackburn v. Superior Court <0044004f004f0003005200 00560003004600440051[ and must be raised during the deposition. (Warford v. Medeiros, supra, 160 Cal.App.3d 1045.) “The court, in its sound discretion, must assess and balance the nature and substantiality of the injustices claimed on either side… ¶ … While the privilege of a criminal defe...

Excerpt: ...e notice. 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 includes “[f]ailing to respond or to submit to an authorized method of discovery,” and “[d]isobeying a court order to provide ...

Excerpt: ...tody, 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 merit or too general. (Code Civ. Proc., § 20...

Excerpt: ...ffairs, so that its activities can no longer be conducted to advantage or so that there is danger that its property, activities, or business will be impaired or lost, the superior court of the proper county may, notwithstanding any provisions of the articles or bylaws and whether or not an action is pending for an involuntary winding up or dissolution of the corporation, appoint a provisional director pursuant to this section. Action for such app...

Excerpt: ...easonably subject to dispute and are capable of immediate and accurate determination by resort to sources of reasonably indisputable accuracy.” (Evid. Code § 452, subds. (c), (d), and (h).) Park asks this court to take judicial notice of the following:  February 23, 2018 default entered against him in this action;  Proof of Service of Summons on Park filed January 31, 2018 The court grants judicial notice of these matters. I. MOTION FOR ...

Excerpt: ...stain 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...

Excerpt: ...ent; or (3) “[a] party to the arbitration agreement is also a party to a pending court action or special proceeding with a third party, arising out of the same transaction or series of related transactions and there is a possibility of conflicting rulings on a common <001b001400110015001100 0c[ “[T]he party moving to compel arbitration bears the burden of establishing the existence of a valid agreement to arbitrate, and the party opposing arb...

Excerpt: ...en 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 general demurrer, that...

Excerpt: ...its own motion finds that in the interest of substantial justice an action should be heard in a forum outside this state, the court shall stay or dismiss the action in whole or in part on any conditions that may be just.” (Code Civ. Proc. § 410.30, subd. (a).) In determining whether to grant a motion based on forum non conveniens, a court must first determine whether the alternate forum is a “suitable” place for trial. If it is, the next s...

Excerpt: ...against 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 t...

Excerpt: ...ement Company, Inc., Marie Rassman, Alexandria Pollack, and Candace Miller. Defendants to provide notice. I. EVIDENTIARY OBJECTIONS Mondragon objects to several paragraphs in the declarations of Defendants' witnesses. The court rules as follows: Mark Tyson Declaration: Objection No. 6 is SUSTAINED [lack of foundation]; all others are OVERRULED. Alexandria Pollack Declaration: All objections are OVERRULED. Neil Kelliher Declaration: Objection Nos....

Excerpt: ...tions. Lu declares his understanding that Maraney seeks “broad categories of documents and information pertaining to an alleged defect with the Subject Vehicle and its components,” and that he is “familiar with the categories of documents that may be produced” in this action. (Lu Decl. ¶¶ 4, 14.) Although Maraney may quibble with Lu's characterization of these requests as “broad,” the court does not regard this language as warrantin...

Excerpt: ...s discretion, after notice to the adverse party, allow, upon any terms as may be just, an amendment to any pleading or proceeding in other particulars; and may upon like terms allow an answer to be made after the time limited by this code. “The trial court has discretion to permit or deny the amendment of the complaint, but instances justifying the court's denial of leave to amend are rare.” (Armenta ex rel. City of Burbank v. Mueller Co....

Excerpt: ... ‘[i]nsufficiency of the evidence”; and (7) “[e]rror in law.”' [Citation.]” (Montoya v. Barragan (2013) 220 Cal.App.4th 1215, 1227.) “When a new trial is granted, on all or part of the issues, the court shall specify the ground or grounds upon which it is granted and the court's reason or reasons for granting the new trial upon each ground stated.” (Code Civ. Proc., § 657.) Motion for new trial may be made after summary judgmen...

Excerpt: ... (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 alone and n...

Excerpt: ...85. (Motion at pp. 2–9.) “A party may demand that any other party produce . . . 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 ina...

Excerpt: ... 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 extrinsic matter...

Excerpt: ...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 prevailing party is entitled as a matter of right to recover costs in any action or proceeding.'” (Williams v. Chino Valley Independent Fire Dist. (“Williams”) (2015) 61 Cal.4th 97, 100.). “If the items o...

Excerpt: ... law.”' [Citation.]” (Montoya v. Barragan (2013) 220 Cal.App.4th 1215, 1227.) “When a new trial is granted, on all or part of the issues, the court shall specify the ground or grounds upon which it is granted and the court's reason or reasons for granting the new trial upon each ground stated.” (Code Civ. Proc., § 657.) “A new trial shall not be granted upon the ground of insufficiency of the evidence to justify the verdict or othe...

Excerpt: ...lative, executive, and judicial departments of the United States and of any state of the United States,” “[r]ecords of (1) any court of this state or (2) any court of record of the United States or of any state of the United States,” and “[f]acts and propositions 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 § 452...

Excerpt: ...d Dr. Tawansy to set a mutually agreeable date for deposition. (Motion at pp. 1–2.) Angeles's reasons are: (1) the service of the deposition notice was faulty, as it was attached to the back of another subpoena (Motion at p. 5); (2) Nunez set the deposition only in consultation with Dr. Tawansy, not with the other parties (Motion at p. 6); (3) the deposition was set on a holiday (Motion at p. 6); and (4) the deposition was set too early in the ...

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: ...ULED as to that email. The Demurrer is also OVERRULED as to Plaintiff's Seventh Cause of Action for NIED. Defendants Phillips Graduate University and James Lott's Motion to Strike Portions of Plaintiff Veronica Everett-Boyce's Complaint is DENIED as to the prayer for punitive damages and accompanying allegations of malice, oppression, and fraud, and GRANTED, with leave to amend, as to the request for attorney's fees. A. DEMURRER A demurrer should...

Excerpt: ...must be remembered, however, that disqualification is a drastic course of action that should not be taken simply out of hypersensitivity to ethical nuances or the appearance of impropriety.” (Sheller v. Superior Court (2008) 158 Cal.App.4th 1697, 1711.) Rule of Professional Conduct 2-100 states, “While representing a client, a member shall not communicate directly or indirectly about the subject of the representation with a party the member k...

Excerpt: ...to evidence in her first declaration. However, Katzman has since provided a supplemental declaration rectifying the defect. Davidian's objections are therefore OVERRULED. II. MOTION TO DISMISS PER FORUM SELECTION AGREEMENT Defendants Group and Wholesale ask this court for an order dismissing all claims against them pursuant to a forum selection clause purportedly agreed to by Davidian designating Delaware as the forum with sole and exclusive juri...

Excerpt: ...ects 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 material facts properly pleaded, but n...

Excerpt: ...ing exacerbated by the incident, and only to those records dating from July 2010. “If a subpoena requires the attendance of a witness or 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 counse...

Excerpt: ...: 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. 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 r...

Excerpt: ...r 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 to any pleading or proceeding in other particulars; and may upon like terms allow an answer to be made after the time limited by t...

Excerpt: ...NTED; Trial will be had first upon KB's and Godzik's equitable claims for Quiet Title and Declaratory Relief, and then on the parties' legal claims for Breach of Contract, Interference with Easement, and Nuisance. Plaintiffs and Cross-Defendants to give notice. OBJECTIONS “In granting or denying a motion for summary judgment or summary adjudication, the court need rule only on those objections to evidence that it deems material to its dispositi...

Excerpt: ...bb Decl. ¶ 2.) She began working at Defendant MUFG Union Bank, N.A. (“MUFG”) in July 1997 as a Customer Service Associate. (Plaintiff's Response to Defendant's Separate Statement of Undisputed Material Facts (“PUMF”) No. 1.) Webb transferred to MUFG's Brea branch in 2005 when she was promoted to Loss Prevention Specialist. (PUMF No. 2.) In 2009 Webb was promoted to Fraud Investigator. (PUMF No. 4.) As a fraud investigator, Webb was requi...

Excerpt: ...ion, 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 conformity with the laws of ...

Excerpt: ...cutive, and judicial departments of the United States and of any state of the United States,” “[r]ecords of (1) any court of this state or (2) any court of record of the United States or of any state of the United States,” and “[f]acts and propositions 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 § 452, subds. (c...

Excerpt: ...of $2,160.00. I. MOTION FOR PROTECTIVE ORDER “Before, during, or after a deposition, any party, any deponent, or any other affected natural person or organization may promptly move for a protective order. The motion shall be accompanied by a meet and confer declaration under Section 2016.040.” (Code Civ. Proc. § 2024.420, subd. (a).) “The court, for good cause shown, may make any order that justice requires to protect any party, deponent, ...

Excerpt: ...ent; or (3) “[a] party to the arbitration agreement is also a party to a pending court action or special proceeding with a third party, arising out of the same transaction or series of related transactions and there is a possibility of conflicting rulings on a common <001b001400110015001100 0c[ “[T]he party moving to compel arbitration bears the burden of establishing the existence of a valid agreement to arbitrate, and the party opposing arb...

Excerpt: ...ch allows a judgment “based upon a decision by the court” to be set aside if an aggrieved party shows that there was an “[i]ncorrect or erroneous legal basis for the decision” or that the decision was “not consistent with or not supported by the facts.” (Code Civ. Proc. § 663.) “Section 663 is designed to enable speedy rectification of a judgment rendered upon erroneous application of the law to facts which have been found by the c...

Excerpt: ...t 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 an...

Excerpt: ...e 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 in their context.” (Id. at p. 318; see also Hahn. v. Mirda (2007) 147 Cal.App.4th 740, 747 (“A de...

Excerpt: ...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 to any pleading or proceeding in other particulars; and may upon like...

Excerpt: ... attached to the present motion states that it was served by mail on April 6, 2018, Plaintiffs argue that it was only received on April 18, 2018, beyond the 16 court‐day deadline for motions under Code of Civil Procedure § 1005, subd. (b). (Opposition at p. 3; Kernan Decl. ¶ 33, Exh. Q.) Plaintiffs offer no competent evidence to rebut the proof of service included with the present motion. Plaintiffs' attorney does not testify that the motion ...

Excerpt: ...ted upon written application to appear as counsel pro hac vice, provided that an active member of the State Bar of Califomia is associated as attomey of record." (Cal. Rules of Court ("CRC") Rule 9 40(a)_) An applicant may not be a resident of the State of Califomia: regularly employed in the State of Califomia: or regularly engaged in substantial business, professional, or other activities in the State of California. (CRC ' 'A person desiring to...

Excerpt: ...NIED. Sanctions to be addressed at hearing. I. MOTION FOR PRELIMINARY INJUNCTION Davidian asks this court for a preliminary injunction ordering AmWINS to turn over his personnel file, particularly the “Producer Compensation Plan” incorporated into his employment agreement, which showed how commissions were calculated. (Motion at p. 4.) Davidian makes this motion pursuant to Labor Code § 1198.5, which guarantees an employee's right of access ...

Excerpt: ...ed verdict for the aggrieved party should have been granted had a previous motion been made.” (Code Civ. Proc., § 629, subd. (a).) “The trial judge's power to grant a judgment notwithstanding the verdict is identical to his power to grant a directed verdict. [Citations.] The trial judge cannot weigh the evidence [Citations] or judge the credibility of witnesses. [Citation.] If the evidence is conflicting or if several reasonable inferenc...

Excerpt: ...ed States,” “[r]ecords of (1) any court of this state or (2) any court of record of the United States or of any state of the United States,” and “[f]acts and propositions 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 § 452, subds. (c), (d), and (h).) Sanchez asks this court to take judicial notice of the following...

Excerpt: ... including the following: (1) The reasonable requirements of a judgment debtor who is a natural person and of persons supported in whole or in part by the judgment debtor. (2) Payments the judgment debtor is required to make or that are deducted in satisfaction of other judgments and wage assignments, including earnings assignment orders for support. (3) The amount remaining due on the money judgment. (4) The amount being or to be received in sat...

Excerpt: ...bd. (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 alone an...