Excerpt: ... 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 arbitration bears the burden of proving by a preponderance of the eviden...

Excerpt: ...e 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. (Code Civ. Proc. § ...

Excerpt: ...e 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).) Bowler asks this court to take judicial notice of the following matters:  Defendant Joe Simpson's Demurrer in this case, filed December 5, 2015  Defendants Jessica, Ashlee, and Tina Simpson's joinder of the above Demurrer  <00480003002700480...

Excerpt: ...d 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 mater...

Excerpt: ...sal, 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 reasonable time, in no case exceeding six months, after the judgment, dismissal, order, or proceeding was taken . . . . Not...

Excerpt: ...arty 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 cause justifying the discovery sought by ...

Excerpt: ...he legislative, 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. Cod...

Excerpt: ...ect 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).) Guardia asks this court to take judicial notice of the following matters:  Exhibit A: A decision by the United States Court of Appeal for the Tenth Circuit, Case No. 14‐1427, filed August 15, 2016  Exhibit B: A complaint by the City of Philadelphia against Wells ...

Excerpt: ...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), (d), ...

Excerpt: ...d of discovery,” and “[d]isobeying a court order to provide discovery.” (Code Civ. Proc., § 2023.010.) Ultimate discovery sanctions are justified where there is a willful discovery order violation, a history of abuse, and evidence showing that less severe sanctions would not produce compliance with discovery rules. (Van Sickle v. Gilbert (2011) 196 Cal.App.4th 1495, 1516.) Dismissal is a drastic measure, and terminating sanctions should on...

Excerpt: ...t will appoint one to serve as the referee. Section 639, subdivision (e), provides: “When the parties do not consent, the court may, upon the application of any party, or of its own motion, direct a reference when the court in any pending action determines in its discretion that it is necessary for the court to appoint a referee to hear and determine any and all discovery motions and disputes relevant to discovery in the action and to report fi...

Excerpt: ...l Further as to Carrillo's Special Interrogatories is GRANTED as to Nos. 15–22, 29, and 49. The Motion is DENIED as to Special Interrogatories Nos. 7–12, 32, 37, 38, 51, and 54. Defendants are awarded sanctions in the amount of $1,600. Further responses are due in 30 days. I. MOTION TO COMPEL FURTHER RESPONSES “Any party may obtain discovery . . . by propounding to any other party to the action written interrogatories to be answered under o...

Excerpt: ... § 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 alsoHahn. v. Mirda (2007) 147 Cal.App.4th 740, 747 [“A demurrer tests the plead...

Excerpt: ...“[f]ailing to respond or to submit to an authorized method of discovery,” and “[d]isobeying a court order to provide discovery.” (Code Civ. Proc., § 2023.010.) Ultimate discovery sanctions are justified where there is a willful discovery order violation, a history of abuse, and evidence showing that less severe sanctions would not produce compliance with discovery rules. (Van Sickle v. Gilbert (2011) 196 Cal.App.4th 1495, 1516.) Dismissa...

Excerpt: ...ith litigating the special motion to strike; by a subsequent noticed motion, . . . or as part of a cost memorandum.” (Carpenter v. Jack In The Box Corp. (2007) 151 Cal.App.4th 454, 461.) Linde argues simply that he is the prevailing party on the anti-SLAPP motion following appeal and is therefore entitled to fees in the amount of $51,084.20. (Motion at p. 7.) Kattuah offers many arguments in response. She first argues that Linde is entitled to ...

Excerpt: ... Judge of the Civil Division may, for the convenience of witnesses or to promote the ends of justice, transfer a civil case from one district to another. Except for proceedings concerning transfer of a Personal Injury Action, as defined in subsection (a)(1)(A), motions to transfer a civil action from one district to another, including motions based upon a failure to file the case in accordance with the requirements set forth in this Chapter must ...

Excerpt: ...t order to provide discovery.” (Code Civ. Proc., § 2023.010.) Ultimate discovery sanctions are justified where there is a willful discovery order violation, a history of abuse, and evidence showing that less severe sanctions would not produce compliance with discovery rules. (Van Sickle v. Gilbert (2011) 196 Cal.App.4th 1495, 1516.) Dismissal is a drastic measure, and terminating sanctions should only be ordered when there has been previous no...

Excerpt: ...failed to get in touch with them about potential deposition dates. (Motion at p. 4.) Castaneda claims that her counsel attempted to do so by phone but could not reach Defendants' counsel. (Opposition at p. 4.) The issue here is evidently the parties' inability to communicate and set a date for Castaneda's deposition. As such, the dispute is more properly resolved by further meet and confer efforts among the parties than by court order. The Motion...

Excerpt: ...at 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,” and “[d]isobeying a court order to provide discovery.” (Code Civ. Proc., § 2023.010.) Ultimate discovery sanctions are justified where there is a willful discovery order violation, a history of abuse, and evidence showing that less severe sanctions would not produce compli...

Excerpt: ...t finds that the party does not have a substantial interest in the case as a whole.” The statute makes the giving of a trial preference mandatory upon a determination that the criteria exist. (See Peters v. Superior Court (1989) 212 Cal.App.3d 218, 222–23.) “Upon the granting of such a motion for preference, the court shall set the matter for trial not more than 120 days from that date and there shall be no continuance beyond 120 days from ...

Excerpt: ...reement 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 arbitration bears the burden of proving by a prep...

Excerpt: ...the prevailing party, then the party who is determined to be the party prevailing on the contract, whether he or she is the party specified in the contract or not, shall be entitled to reasonable attorney's fees in addition to other costs.” (Civ. Code § 1717, subd. (a).)[1] Plaintiffs here argue that attorney's fees are appropriate under JFK's Operating Agreement, which provides that the LLC will indemnify employees, officers, and members ...

Excerpt: ...election is not proper under any of the statutory grounds.” (Fontaine v. Superior Court (2009) 175 Cal.App.4th 830, 836.) PWD bases its choice of venue in Los Angeles County on two grounds: that Hillebrand resides in the county, and that performance on the contracts sued upon was to take place here. (Opposition at p. 4.) Defendants dispute the above contentions, and argue that a venue-selection provision in the contract between PWD and Sidekick...

Excerpt: ... party, and any other party or affected natural person or organization may promptly move for a protective order.” (Code Civ. <0056004b0052005a005100 00580055005700030050[ay make an order concluding, among other things, that “the number of specially prepared interrogatories is unwarranted.” (Code Civ. Proc. § 2030.090, subd. (b)(2).) The court may upon similar terms issue protective orders “for good cause shown” as relates to requests f...

Excerpt: ...ely motion, order transfer of an action when the court designated in the complaint is not the proper court. The moving party must overcome the presumption that the plaintiff has selected the proper venue. Thus, it is the moving defendant's burden to demonstrate that the plaintiff's venue selection is not proper under any of the statutory grounds.” (Fontaine v. Superior Court (2009) 175 Cal.App.4th 830, 836.) GM argues that venue is impr...