Excerpt: ...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 oppressive demands, including unreasonable violations of the right of privacy of t...

Excerpt: ...s made no more than six months after entry of judgment, is in proper form, and is accompanied by an attorney's sworn affidavit attesting to his or her mistake, inadvertence, surprise, or neglect, vacate any (1) resulting default entered by the clerk against his or her client, and which will result in entry of a default judgment, or (2) resulting default judgment or dismissal entered against his or her client, unless the court finds that the d...

Excerpt: ...surance Company (“Plaintiff”) filed the operative Complaint for damages arising out of an automobile incident which occurred on October 26, 2016. The Complaint is brought against Aide Estefania Mendez- Cortes (“Mendez-Cortes”) and Curiel Sebastian (“Sebastian”) (together, “Defendants”). While driving a vehicle that Sebastian owns, Mendez-Cortes struck Samuel Meraz's (non-party) vehicle which is insured by Plaintiff. Discussion Pla...

Excerpt: ...without having served a valid objection under Section 2025.410, fails to appear for examination, or to proceed with it, or to produce for inspection any document, electronically stored information, or tangible thing described in the deposition notice, the party giving the notice may move for an order compelling the deponent's attendance and testimony, and the production for inspection of any document, electronically stored information, or tangibl...

Excerpt: ... and have made progress in completing that task. Additionally, summary judgment would be impossible without a continuance. All of these factors support a continuance. The primary problem is the schedules of the various counsel. Defendants assert that they believe trial will require 10 days, and therefore request that trial be scheduled for October 22, 2018, or later. In light of the foregoing scheduling concerns, the Court agrees a post-October 2...

Excerpt: ... for summary judgment on grounds that there is no evidence that he breached a duty to Plaintiff or any other party and there is no causal connection between any act or omission on his part and Plaintiff's injuries. (See id., Ex. A.) In addition to the $7,500 settlement, Lazzaretto has agreed to dismiss its cross-complaint with prejudice within five days of the date of the order granting the instant application for good faith settlement and to wai...

Excerpt: ...Desert Trailer has already filed their answer to the complaint. Desert Trailer has requested leave to file a cross-complaint because it only recently received a copy of the lease agreement with TLC Express. (Motion p.3.) The lease agreement provides an indemnification provision favorable to Desert Trailer. (Motion p.3.; Ex. “A”.) Legal Standard: A cross-complaint may be either permissive or compulsory. Compulsory cross-complaints are those in...

Excerpt: ...ode of Civil Procedure section 2020.010, et seq. (C.C.P. §§ 2020.010(b), 2025.280(b); see also Sears, Roebuck & Co. v. National Union Fire Insurance Co. of Pittsburgh (2005) 131 Cal.App.4th 1342, 1350 (discovery from nonparties is governed by Code of Civil Procedure section 2020.010, et seq., and is primarily carried out by way of subpoena).) While penalties for disobedience of a subpoena are generally governed by Code of Civil Procedure sectio...

Excerpt: ...se per a January 24, 2018 Court Order, Defendant Performance is ordered to appear for a deposition on February 14, 2018. The trial date is March 29, 2018. Shepherd argues that because Performance is a corporation and cannot appear in pro per, Shepherd cannot purse discovery and is impeded from preparing the case for trial. Shepherd requests denial, or alternatively to modify to request as follows:  Deny withdrawal until such time as substitute...

Excerpt: ..., the court shall, whenever an application for relief is made no more than six months after entry of judgment, is in proper form, and is accompanied by an attorney's sworn affidavit attesting to his or her mistake, inadvertence, surprise, or neglect, vacate any (1) resulting default entered by the clerk against his or her client, and which will result in entry of a default judgment, or (2) resulting default judgment or dismissal entered again...

Excerpt: ... defense and indemnity with a non-response.” (Brinson Decl., ¶ 5). Brinson attests that defendant thereafter “immediately reserved the first available hearing date for its motion for summary adjudication[,] [which was] June 7, 2018.” (Id., ¶ 12). Court Reservation System (“CRS”) records reflect that this reservation was made on December 28, 2017. Defendant thus seeks an order continuing the trial date until after the June 7, 2018 hear...

Excerpt: ...ding party may move for an order compelling responses and for a monetary sanction. (C.C.P. § 2030.290(b).) The statute contains no time limit for a motion to compel where no responses have been served. All that need be shown in the moving papers is that a set of interrogatories was properly served on the opposing party, that the time to respond has expired, and that no response of any kind has been served. (Leach v. Superior Court (1980) 111 Cal...

Excerpt: ...ence on these previous motions on December 15, 2017. On December 15th, the court issued a minute order moving the motions to compel at to set one to be heard on February 6, 2018. For an unknown reason, Plaintiff filed the motions to compel as to the second set of interrogatories on the same day as the IDC, but did not inform the court about the issues with the second set of discovery during the IDC. In addition, Plaintiff has not scheduled an IDC...

Excerpt: ...or a physical examination under this article is directed fails to serve a timely response to it, that plaintiff waives any objection to the demand. The court, on motion, may relieve that plaintiff from this waiver on its determination that both of the following conditions are satisfied: (1) The plaintiff has subsequently served a response that is in substantial compliance with Section 2032.230.” (2) The plaintiff's failure to serve a timely...

Excerpt: ...017, alleging general negligence and premises liability. Defendant Roger Ploum now brings the motion to change venue to Orange County, CA. Defendant Ploum is joined by Defendants Greystar and New Pacific. Defendants bring the instant motion pursuant to CCP § 397, which provides in pertinent part, “The court may, on motion, change the place of trial in the following cases:…(c) when the convenience of witnesses and the ends of justice would be...

Excerpt: ...cordingly, the Court grants judicial notice of Exhibit K, Plaintiffs Complaint. Motion for Summary Judgment 1. Inherently Dangerous Activity Defendant argues rock climbing is an inherently dangerous activity, citing Regents of University of California v. Superior Court (1996) 41 Cal.App.4th 1040, 1047. (MSJ p.8.) Defendant claims, “Plaintiff voluntarily participated in an activity which courts have concluded is inherently dangerous.” (MSJ p.9...

Excerpt: ...mber 1, 2016, and supplied repair and maintenance records on October 10, 2017. These records showed that Defendant had the tires repaired at Sears thirty-six days before the incident that allegedly injured Plaintiff. In light of this new evidence, Plaintiff moves the court to amend the complaint to add a cause of action for strict products liability against Sears Roebuck and add Sears Roebuck as an additional defendant. No opposition has been fil...

Excerpt: ..., section 15(a)(2) states that attorney fees are 41,777.00. Second, the calculation of additional costs in section 14(b) is incorrect. Section 14(b) and the declaration in support of the attorney fees attached as attachment 14(a) state that the sum of the listed expenses is $12,461.00. However, the sum based on the numbers provided in the petition in reality is $12,372.97. <0057005200030045004800 0011001300130003004c>n sections 14(b) and 17(d), t...

Excerpt: ...ion 2030.010, the propounding party may move for an order compelling responses and for a monetary sanction. (C.C.P. § 2030.290(b).) The statute contains no time limit for a motion to compel where no responses have been served. All that need be shown in the moving papers is that a set of interrogatories was properly served on the opposing party, that the time to respond has expired, and that no response of any kind has been served. (Leach v. Supe...

Excerpt: ... support a claim for punitive damages must be intended to cause injury or despicable conduct carried on by Defendant with a willful and conscious disregard of the rights of others. Civ Code § 3294(c)(1). This is the definition of malice. Plaintiff alleges that he was deliberately attacked by security guards and/or bouncers employed by Defendants. Complaint 3:19‐22. The security guards are specifically identified as Defendants, Cesar Aguero and...

Excerpt: ...eply has been filed. Service CCP § 1005(b) states in pertinent part: “Unless otherwise ordered or specifically provided by law, all moving and supporting papers shall be served and filed at least 16 court days before the hearing. The moving and supporting papers served shall be a copy of the papers filed or to be filed with the court.” The Court notes that Plaintiff's counsel provides two addresses in the Complaint, Summons, and Proof of Ser...

Excerpt: ...ist the medical treatment at issue in this suit. To investigate this issue, Defendant sought discovery of various employment records and disability claims made by Plaintiff from her employer, the U.S. Post Office, as well as from the U.S. Department of Labor and Social Security Administration, which handled the claims in question. Defendant received a response, indicating that state courts lacked authority to subpoena personnel records from feder...

Excerpt: ... a significant number of Plaintiff's objections to the expert declaration offered in support of Defendant's motion. As a result, the Court indicated it was inclined to deny the motion, on the ground Defendant had failed to carry his burden of demonstrating that he had complied with the requisite standard of care. The Court noted, at the time, that Plaintiff's expert's declaration was likewise insufficient, due to Defendant's meritorious objection...

Excerpt: ...ective order must be accompaniedby a declaration setting forth facts demonstrating a reasonable and good faith attempt to meet-and-confer to resolve the dispute before seeking judicial intervention. (Id. §§ 2016.040, 2025.420(a).) As with any motion for a protective order, the moving party bears the burden of demonstrating “good cause” for granting the requested relief. (Id. § 2025.420(b); Nativi v. Deutsche Bank Nat'l Trust Co. (2014) 223...

Excerpt: ...and seeks to strike the declaration of Michael J. Sundstedt in support of the opposition and the accompanying exhibit B which is a traffic report on the ground that they have been improperly attached and are irrelevant to the instant motions. The Court notes that for demurrer and motion to strike purposes, the Court only looks to the face of the pleadings and judicially noticed facts. (CCP §§ 430.30, 430.70 and 437.) Accordingly, the Court will...