Excerpt: ...e likelihood that the party seeking the injunction will ultimately prevail on the merits of its claim and (ii) the balance of harm presented, i.e., the comparative consequences of the issuance and nonissuance of the injunction. Fleishman v. Superior Ct. (2002) 102 Cal.App. 4 th 350, 355-56. The moving party bears the burden of presenting facts establishing the requisite reasonable probability of prevailing on the merits of its claims. Id. at 356....

Excerpt: ...3d 311, 318. A demurrer challenges only the legal sufficiency of the affected pleading, not the truth of the factual allegations in the pleading or the pleader's ability to prove those allegations. Cundiff v. GTE Cal., Inc.(2002) 101 Cal.App.4 th 1395, 1404-05. Questions of fact cannot be decided on demurrer. Berryman v. Merit Prop. Mgmt., Inc. (2007) 152 Cal.App.4 th 1544, 1556. Because a demurrer tests only the sufficiency of the complaint, a c...

Excerpt: ...ense and hardship, and courts carefully weigh the propriety of such an appointment in exercising their discretion to appoint a receiver. Hoover v. Galbraith (1972) 7 Cal.3d 519, 528. The “provisional remedy of receivership is utilized sparingly and only upon a compelling showing of need” for the receiver. IFS Indus., Inc. v. Stephens (1984) 159 Cal.App.3d 740, 756. A court may appoint a receiver only on a ground specified by statute. Marsch v...

Excerpt: ... the following reasons, Plaintiffs' motion is granted. Section 473(b) states that 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 made within a reasonable time, in no case exceeding six months, after th...

Excerpt: ...as a substantial interest in the action as a whole and (2) the health of the party is such that a preference is necessary to prevent prejudicing the party's interest in the litigation. Section 36(d) states that, “[i]n its discretion, the court may also grant a motion for preference that is accompanied by clear and convincing medical documentation that concludes that one of the parties suffers from an illness or condition raising substantial med...

Excerpt: ...rty-two days before the May 20, 2019 trial date. The court granted Defendants' ex parte application to advance the hearing on this motion to enable it to be heard before trial. The court's order granting Defendants' ex parte application states that the May 20, 2019 trial date remains, as does the court's order following the parties' unsuccessful Mandatory Settlement Conference. See 04/19/19 Order & 04/26/19 Order. A motion for judgment on the ple...

Excerpt: ...pt as true all allegations of fact contained in the complaint. Blank v. Kirwan (1985) 39 Cal.3d 311, 318. A demurrer challenges only the legal sufficiency of the affected pleading, not the truth of the factual allegations in the pleading or the pleader's ability to prove those allegations. Cundiff v. GTE Cal., Inc.(2002) 101 Cal.App.4 th 1395, 1404-05. Questions of fact cannot be decided on demurrer. Berryman v. Merit Prop. Mgmt., Inc. (2007) 152...

Excerpt: ...ourt must accept as true all allegations of fact contained in the complaint. Blank v. Kirwan (1985) 39 Cal.3d 311, 318. A demurrer challenges only the legal sufficiency of the affected pleading, not the truth of the factual allegations in the pleading or the pleader's ability to prove those allegations. Cundiff v. GTE Cal., Inc.(2002) 101 Cal.App.4 th 1395, 1404-05. Questions of fact cannot be decided on demurrer. Berryman v. Merit Prop. Mgmt., I...

Excerpt: ...he following reasons, Defendants' demurrer is sustained with leave to amend. In ruling on a demurrer, a court must accept as true all allegations of fact contained in the complaint. Blank v. Kirwan (1985) 39 Cal.3d 311, 318. A demurrer challenges only the legal sufficiency of the affected pleading, not the truth of the factual allegations in the pleading or the pleader's ability to prove those allegations. Cundiff v. GTE Cal., Inc.(2002) 101 Cal....

Excerpt: ...ff incurred $165,619.00 in attorneys' fees, Muse-Fisher Supp. Decl. ¶¶ 5, 6, 7 & 8, and that the invoices reflecting the fees incurred are attached to the Muse-Fisher Supplemental Declaration as Exhibits A and B. This order addresses only the amount of fees to be awarded. All other issues raised by Plaintiff's motion were addressed in the court's April 18, 2019 order, which should be read together with this order. On August 30, 2018, the court ...

Excerpt: ...l from introducing evidence regarding any bodily injuries, medical provider(s), medical treatment(s) or other damages related thereto that Plaintiff has not disclosed in discovery as of the date of this order. For the following reasons, Defendant's motion is granted in part and denied in part. The court issued an order on November 15, 2018 directing Plaintiff Susan Firooz to provide complete and responsive further responses to Form Interrogatory ...

Excerpt: ...econd order addressing these issues. The court incorporates its prior detailed order here and will not repeat the relevant factual background. See 01/24/19 Order. For all privileges other than the official information privilege, the identity-of-informer privilege, the trade secret privilege, and the attorney work product privilege, the court may not require disclosure of information claimed to be privileged to rule on whether the claim is valid. ...

Excerpt: ...gatories (Set Two), and Special Interrogatories (Set Three). California Civil Procedure Code § 2023.030(d)(4) states that the court may impose a terminating sanction by means of, inter alia, an order rendering a judgment by default. Disobeying a court order to provide discovery is a misuse of the discovery process. Cal. Civ. Proc. Code § 2023.010(g); Van Sickle v. Gilbert (2011) 196 Cal.App.4th 1495, 1516. A trial court should consider both the...

Excerpt: ...laintiff did not file a meet and confer declaration with his motion nor does his motion otherwise reflect any attempt to resolve the issues presented by the motion informally before Plaintiff filed it. A motion to compel further responses to interrogatories must also be accompanied by a separate statement in support of the motion. Cal. R. Ct. 3.1345. Plaintiff did not file a separate statement in support of his motion. As a result, the court cann...

Excerpt: ... is granted. Due to Plaintiff's failure to serve a response to the interrogatory, Plaintiff has “waive[d] any right to exercise the option to produce writings under Section 2030.230, as well as any objection to the interrogatories, including one based on privilege or on the protection for work product . . . .” Cal. Civ. Proc. Code § 2030.290(a). Plaintiff shall provide a response, without objections, to Defendant's Supplemental Special Inter...

Excerpt: ... waiver by the commissioner as to matters that are not covered claims, be stayed for 60 days from the date that an order of liquidation or an order of receivership with a finding of insolvency has been entered by a superior court in this state or by a court in the state of domicile of the insurer, and an additional time thereafter as may be determined necessary by the court to permit proper defense or conduct of all pending causes of action by th...

Excerpt: ...iling party is usually entitled as a matter of right to recover costs in any action or proceeding. Cal. Civ. Proc. Code § 1032(b); see alsoCal. Civ. Code § 1794(d). If the items on a verified memorandum of costs appear to be proper charges, the memorandum is prima facie evidence of their propriety and the burden is on the party contesting them to show that they were not reasonable or necessary. Foothill-De Anza Comm. College Dist. v. Emerich (2...

Excerpt: ...act. Little v. Pullman (2013) 219 Cal.App.4 th 558, 565. The petitioner bears the burden of proving the existence of a valid arbitration agreement by the preponderance of the evidence, and a party opposing the petition bears the burden of proving by a preponderance of the evidence any fact necessary to its defense. Id. In these summary proceedings, the trial court sits as a trier of fact, weighing all the affidavits, declarations, and other docum...

Excerpt: ...1985) 39 Cal.3d 311, 318. A demurrer challenges only the legal sufficiency of the affected pleading, not the truth of the factual allegations in the pleading or the pleader's ability to prove those allegations. Cundiff v. GTE Cal., Inc.(2002) 101 Cal.App.4 th 1395, 1404-05. Questions of fact cannot be decided on demurrer. Berryman v. Merit Prop. Mgmt., Inc. (2007) 152 Cal.App.4 th 1544, 1556. Because a demurrer tests only the sufficiency of the c...

Excerpt: ... Defendant's arbitration agreement with Plaintiff. The arbitration agreement states that “[t]his Agreement and the arbitration shall be governed by the Federal Arbitration Act.” Id. (¶ 5). The agreement also states: 8. Authority to Resolve Disputes Regarding This Agreement. Except as set forth in this paragraph, or by the written mutual agreement of the parties, the arbitrator, and not any court, shall have exclusive authority to resolve any...

Excerpt: ...efendant argues that the jury's $49,308.73 verdict in favor of Plaintiff Underwood on her negligence cause of action should be reduced by the amount set forth in Defendant's sealed brief to account for Plaintiffs' settlement with Defendant Spring Valley Post Acute Skilled Nursing Center. Third, Defendant argues that Plaintiffs are not entitled to prejudgment interest on attorneys' fees and costs. For the following reasons, the court sustains Defe...

Excerpt: ...nst Defendants on January 31, 2019. For the following reasons, Defendants' motion for summary judgment is granted. A defendant seeking summary judgment bears the burden of persuasion and burden of proof by a preponderance of the evidence to negate the plaintiff's claim. It may do this by demonstrating the claim has no merit, that the plaintiff cannot prove an element of the claim, or that the defendant has a complete defense entitling it to judgm...

Excerpt: ...equests for Production (Set One) propounded to each within twenty days of service of the order. Caspino Decl. Ex. E. The order states that “[d]uring the hearing, the parties acknowledged that most if not all of the responsive documents will be produced by SCSA and they agreed that [the Dewykes were] not required to produce duplicative documents.” Id. The discovery referee ordered David Dewyke and Johnnie Dewyke to produce responsive documents...

Excerpt: ...utomatic stay on all state and federal proceedings against the debtor outside of the bankruptcy court, subject to certain statutory exceptions not relevant here. State courts in which action against the debtor are pending do not have the power to modify the automatic stay; only the bankruptcy court can do so. In re Gruntz (9 th Cir.2000) 202 F.3d 1074, 1082-83 (en banc). The automatic stay is self-executing and is effective upon filing the bankru...

Excerpt: ...ased is one upon which an attachment may be issued; (2) the plaintiff has established the probable validity of the claim upon which the attachment is based; (3) the attachment is not sought for a purpose other than the recovery on the claim upon which the attachment is based; and (4) the amount to be secured by the attachment is greater than zero. Cal. Civ. Proc. Code § 484.090(a)(1)-(4). A court may order the issuance of a writ of attachment on...