Excerpt: ...rocedure before Trial §9:53.1a (The Rutter Group 2015) (“It is not necessary to ask the court to take judicial notice of materials previously filed in the case; all that is necessary is to call the court's attention to such papers. Such papers however, are not necessarily admissible evidence. Except for admissions in pleadings, matters stated in exhibits or other documents in the case file must be admissible under an appropriate exception to t...

Excerpt: ... Civil Procedure §2025.420 permits the Court, upon a showing of good cause, to issue a protective order protecting the deponent from “unwarranted annoyance, embarrassment, or oppression or undue burden and expense.” Id. at subd.(b). The protective order must be sought promptly and the motion must reflect that a good faith meet and confer occurred. Id. at subd.(a). The court has several options if it desires to issue a protective order, inclu...

Excerpt: ...that is attached to the complaint as an exhibit references all three Defendants, i.e., it identifies the parties as Defendant Salmon Run Property Management as an agent of Co-Defendant Ashby Enterprises and Plaintiffs and its last page references Co-Defendant Sachs as a manager of Salmon Run Property Management. As such, asserting the causes of action against all three Defendants does not necessarily make them improper or uncertain. Therefore, th...

Excerpt: ...good faith, the court must determine whether “the amount of the settlement is within the reasonable range of the settling tortfeasor's proportional share of comparative liability for the plaintiff's injuries.” Tech-Bilt, Inc. v. Woodward-Clyde & Assocs. (1984) 38 Cal.3d 488, 499. In making such a determination, the Court considers the following factors: (1) a rough approximation of plaintiffs' total recovery and the settlor's proportionate li...

Excerpt: ...ants and any other PERSON(S) else [sic] acting or purporting to act on her behalf or at her direction; as used herein, the terms “PERSON” and/or “PERSONS” includes any individuals(e) entity(ies), proprietorship(s), partnership(s), or corporations(s)) contend that you have not breached any of your fiduciary duties to SALON REBELLE, state all facts that support such contention. Responding Defendant's answer is: Responding Party incorporates...

Excerpt: ...to compel a further response to requests for admission if it finds that an objection is too general or without merit, or that an answer is evasive or incomplete. See Code Civ. Proc. §2033.290(a). The motion should be accompanied by a meet and confer declaration, and should be noticed within 45 days of the service of either the verified response or any supplemental verified response, or on or before any specific later date agreed upon in writing....

Excerpt: ...h of contract requires proof of the following elements: (1) existence of the contract; (2) plaintiffs performance or excuse for nonperformance; (3) defendant's breach; and (4) damages to plaintiff as a result of the breach. (Miles v. Deutsche Bank National Trust Company (2015) 236 Cal.App.4th 394, 402), citing CDF Firefighters v. Maldonado (2008) 158 Cal.App.4th 1226, 1239.) With respect to the first element of existence of contract, the City has...

Excerpt: ...ummary judgment, a defendant must either negate an element of plaintiff's claim or establish a complete defense to said claim. See Code Civ. Proc. §437c(p)(2). Both of Plaintiff's causes of action sound in negligence, which of course, consists of the elements of (1) a legal duty to use due care, (2) a breach of that duty, (3) which proximately causes, (4) plaintiff's injury. See Ladd v. County of San Mateo (1996) 12 Cal.4th 913, 917. It is uncle...

Excerpt: ...d reasonable attorney's fees to a plaintiff prevailing on the motion, pursuant to Section 128.5.” (emphasis added). California Code of Civil Procedure Section 128.5, subdivision (f)(1)(B) requires that before bringing a motion for attorneys' fees as a sanction under this statute, the moving party must comply with a 21-day “safe harbor” provision. Specifically, Section 128.5, subdivision (f)(1)(B) states: “If the alleged action or tactic i...

Excerpt: ...t against it. While section 7031 may be an affirmative defense to a mechanics lien, it does not abrogate a party's right to have a case heard in the proper venue. A defendant may move to transfer venue on the ground that the action had been filed in the wrong court. (Code Civ. Proc. §§ 396b(a), 397(a).) As the moving party, Defendants must overcome the presumption that Plaintiff has selected a proper venue. (Fontaine v. Superior Court (2009) 17...

Excerpt: ...tter. The only requests in issue are: • All Documents related to or referencing communications between Fieldman, Rolapp & Associates and Refinitiv's sales or customer support representatives. (Request 1.) • Documents sufficient to show all recipients of the alerts, newsletters, releases or similar publications referenced in request 3 associated with Fieldman, Rolapp & Associates. (Request 4.) • Documents sufficient to show all registered us...

Excerpt: ... and 5. Plaintiffs' motion to compel responses to RFPs from Defendant Atlas Plaintiffs also seek monetary sanctions against each defendant for conduct necessitating these motions. The motions are GRANTED. The requests for sanctions are DENIED. Failure to timely respond to interrogatories or requests for production of documents results in a waiver of any objections to the requests. CCP §§ 2030.290(a) and 2031.300(a). If a party to whom interroga...

Excerpt: ...oss of consortium based on the birth of the minor Plaintiff. With respect to the moving Defendants, Plaintiffs allege that they were negligent in their care and treatment of the minor Plaintiff by failing to timely appreciate and treat the sequela of a subgaleal hemorrhage and by failing to timely intubate and fluid resuscitate her. Moving Defendants submit the expert declaration Rachel Chapman, M.D., to establish that they complied with the stan...

Excerpt: ...ssing the Cross-Action; and (3) Rendering judgment against Defendants, and in favor of Plaintiff, on Plaintiffs' First Amended Complaint and prayer for relief. In the alternative, Plaintiff moves for an order granting the following discovery and trial-setting relief: (1) Granting Plaintiff's previously-filed Motion to Compel (“Discovery Motion”) as follows (Code Civ. Proc. §§ 2023.010, 2030.300, 2031.320(a)): a. Ordering Defendants to provi...

Excerpt: ...timely response, the requesting party may move for an order that the genuineness of any documents and the truth of any matters specified in the requests be deemed admitted, as well as for monetary sanctions. CCP § 2033.280(b). On April 3, 2019, Plaintiffs served written discovery on Defendants, including requests for admission, set one, to Defendants Atlas and Nosek. Several extensions were granted, ultimately requiring responses to be served by...

Excerpt: ... Plaintiff. Defendant contends that the mailers contain protected hyperbolic speech, and are otherwise factual; further, that Plaintiff is a public figure and cannot show that the publications were made with actual malice or negligence. Plaintiff counters that the speech was not hyperbolic, and is defamatory by implication; further, that he is a private citizen for purposes of this matter, and even if not, that he has evidence that the publicatio...

Excerpt: ...e as complete and straightforward as the information reasonably available to the responding party permits.” “Parties, like witnesses, are required to state the truth, the whole truth, and nothing but the truth in answering written interrogatories.” (Deyo v. Kilbourne (1978) 84 Cal.App.3d 771, 783.) Answers to interrogatories must be “complete and responsive” and “it is not proper” to refer to other documents or pleadings in an inter...

Excerpt: ... cross-complaint is untimely and that it is frivolous and without merit. A compulsory cross-complaint is one that alleges a “related cause of action,” or one that “arises out of the same transaction, occurrence, or series of transactions or occurrences as the cause of action which the plaintiff alleges in his complaint.” Code Civ. Proc. §§426.10(c) & 426.30(a). Such cross-complaints should be filed at the time the answer to the Complain...

Excerpt: ...t both of the moving Defendants. It alleges that the Defendants have a duty to use reasonable care to safeguard, protect and oversee the decedent as she came out of major surgery (FAC, ¶ 19) and that, as a result of acts and omissions of the Defendants, the decedent died (FAC, ¶ 20). Defendants contend that this cause of action is defective because it appears to be a survival cause of action, i.e., a cause of action that accrued to the decedent...

Excerpt: ...arrett (1977) 73 Cal.App.3d 864, 872. Here, Plaintiff seeks punitive damages in connection with her First Cause of Action for Violation of the Consumer Legal Remedies Act and Second Cause of Action for Fraud. In support of her claim for punitive damages, Plaintiff alleges that she purchased a new 2017 RAM truck from MDA on 04/27/18. (Complaint, ¶ 10.) She purchased the vehicle based on representations that the vehicle's purchase would be finance...

Excerpt: ...6.00 in CourtCall, and $112.92 in travel claimed under item 13 Plaintiff's complaint contains two causes of action against for violation of the Song-Beverly Act and violation of the Magnuson- Moss Act. Defendant served a statutory offer to compromise, which Plaintiff accepted on June 16, 2018. As part of the settlement, Defendant agreed to “pay Plaintiff's costs, expenses and attorneys' fees, in accordance with California Civil Code section 179...

Excerpt: .../18, and no new agent has since been registered. (Lefler Decl., ¶¶6-7, Ex. A.) Section 17701.16(c) states in pertinent part as follows: “If an agent for service of process has resigned and has not been replaced or if the designated agent cannot with reasonable diligence be found at the address designated for personal delivery of the process, and it is shown by affidavit to the satisfaction of the court that process against a limited liability...

Excerpt: ...respectively. Pursuant to CCP §430.20(a), a party may Demurrer to an Answer, where the Answer “does not state facts sufficient to constitute a defense.” Additionally, an Answer must allege facts “as carefully and with as much detail as the facts which constitute the cause of action and are alleged in the complaint.” (FPI Development, Inc. v. Nakashima (1991) 231 Cal.App.3d 367, 384). Allegations “proffered in the form of terse legal co...

Excerpt: ...ts. It alleges that Plaintiffs had contracts for the rental of the real property that is the subject of the action and that the Defendants were aware of these contracts. (FAC, ¶ 131.) It alleges that the Defendants intentionally induced breaches or disruptions of these contracts, resulting in damages to the Plaintiffs. (FAC, ¶¶ 1132-133.) Defendants contend that the Plaintiffs may not maintain this cause of action because they were not the own...

Excerpt: ... or entity listed in the “master email list” and/or “Address Book” documents; 3. Retaining, using or exploiting any other documents or information which originated during the employment of any of the defendants at Plaintiff; 4. Contacting and/or soliciting for employment any employee or employees of Nations Direct; and 5. Obtaining, diverting, misappropriating and/or using in any manner any property or information originated at Nations. P...