Excerpt: ... agreement to arbitrate the controversy exists, unless it determines that: [¶] (a) The right to compel arbitration has been waived by the petitioner; or [¶] (b) Grounds exist for the revocation of the agreement.” Toal v. Tardif (2009) 178 Cal.App.4 th 1208, 1219, provides, “In Rosenthal v. Great Western Fin. Securities Corp. (1996) 14 Cal.4th 394, 58 Cal.Rptr.2d 875, 926 P.2d 1061 (Rosenthal ), our Supreme Court set forth the procedure to b...

Excerpt: ...033.5, and Civil Code section 1717 is support of the Motion. Civil Code section 1293.2 provides, “The court shall award costs upon any judicial proceeding under this title as provided in Chapter 6 (commencing with Section 1021) of Title 14 of Part 2 of this code.” Code of Civil Procedure section 1032, subdivision (a)(4), states in part, “ ‘Prevailing party' includes the party with a net monetary recovery, a defendant in whose favor a dism...

Excerpt: ...d or inferred from those expressly alleged in the complaint. [Citations.]” (City of Atascadero v. Merrill Lynch, Pierce, Fenner & Smith, Inc. (1998) 68 Cal.App.4 th 445, 459.) Code of Civil Procedure section 452, states, “In the construction of a pleading, for the purpose of determining its effect, its allegations must be liberally construed, with a view to substantial justice between the parties.” Perez v. Golden Empire Transportation Tran...

Excerpt: ...nce is to be held, or, in other cases, no later than 30 days before the trial date, that the trial of any issue or any part thereof shall precede the trial of any other issue or any part thereof in the case, except for special defenses which may be tried first pursuant to Sections 597 and 597.5. The court, on its own motion, may make such an order at any time. Where trial of the issue of liability as to all causes of action precedes the trial of ...

Excerpt: ...e action is pending to expunge the notice. . . . Evidence or declarations may be filed with the motion to expunge the notice. The court may permit evidence to be received in the form of oral testimony, and may make any orders it deems just to provide for discovery by any party affected by a motion to expunge the notice. The claimant shall have the burden of proof under Sections 405.31 and 405.32.” Code of Civil Procedure section 405.31 states, ...

Excerpt: ...le. [¶] (c) If the responding party does not have personal knowledge sufficient to respond fully to an interrogatory, that party shall so state, but shall make a reasonable and good faith effort to obtain the information by inquiry to other natural persons or organizations, except where the information is equally available to the propounding party.” Code of Civil Procedure section 2030.230, states, “If the answer to an interrogatory would ne...

Excerpt: ...s, “If the buyer prevails in an action under this section, the buyer shall be allowed by the court to recover as part of the judgment a sum equal to the aggregate amount of costs and expenses, including attorney's fees based on actual time expended, determined by the court to have been reasonably incurred by the buyer in connection with the commencement and prosecution of such action.” “ ‘The plain wording of the statute requires the tria...

Excerpt: ...errill Lynch, Pierce, Fenner & Smith, Inc. (1998) 68 Cal.App.4 th 445, 459.) Code of Civil Procedure section 452, states, “In the construction of a pleading, for the purpose of determining its effect, its allegations must be liberally construed, with a view to substantial justice between the parties.” Perez v. Golden Empire Transportation Transit District (2012) 209 Cal.App.4 th 1228, 1238, provides, “This rule of liberal construction means...

Excerpt: ...rly pled, but also of those facts that may be implied or inferred from those expressly alleged in the complaint. [Citations.]” (City of Atascadero v. Merrill Lynch, Pierce, Fenner & Smith, Inc. (1998) 68 Cal.App.4 th 445, 459.) Code of Civil Procedure section 452, states, “In the construction of a pleading, for the purpose of determining its effect, its allegations must be liberally construed, with a view to substantial justice between the pa...

Excerpt: ...of those facts that may be implied or inferred from those expressly alleged in the complaint. [Citations.]” (City of Atascadero v. Merrill Lynch, Pierce, Fenner & Smith, Inc. (1998) 68 Cal.App.4 th 445, 459.) Code of Civil Procedure section 452, states, “In the construction of a pleading, for the purpose of determining its effect, its allegations must be liberally construed, with a view to substantial justice between the parties.” Perez v. ...

Excerpt: ...ust assume the truth not only of all facts properly pled, but also of those facts that may be implied or inferred from those expressly alleged in the complaint. [Citations.]” (City of Atascadero v. Merrill Lynch, Pierce, Fenner & Smith, Inc. (1998) 68 Cal.App.4 th 445, 459.) Code of Civil Procedure section 452, states, “In the construction of a pleading, for the purpose of determining its effect, its allegations must be liberally construed, w...

Excerpt: ...int (FACC). On 12-24-20, Defendants filed this Motion. Plaintiff's (Jack Zhen Zheng) opposition to the Motion was due on 3-16-21. On 2-17-21 under ROA No. 215, approximately one month before the opposition was due, Plaintiff filed a Request for Dismissal of the Complaint with prejudice. Code of Civil Procedure section 581, subdivision (b) states, “An action may be dismissed in any of the following instances: [¶] (1) With or without prejudice, ...

Excerpt: ...der California Rules of Court, rule 2.251(c)(3)(B). At the hearing on 2-9-21, the court sought additional information regarding whether Plaintiff (El Veasta Lampley) consented to electronic service. The court finds that Plaintiff consented to electronic service be served electronically and received proper notice of the below motions to compel before the court. In conjunction with a supplemental brief ordered by the court, Defendants attached Exhi...

Excerpt: ...Cal. Rules of Court, rule 2.551(b)(1).) California Rules of Court rule 2.550(d) states, “The court may order that a record be filed under seal only if it expressly finds facts that establish: [¶] (1) There exists an overriding interest that overcomes the right of public access to the record; [¶] (2) The overriding interest supports sealing the record; [¶] (3) A substantial probability exists that the overriding interest will be prejudiced if...

Excerpt: ...the party will comply with the particular demand for inspection, copying, testing, or sampling by the date set for the inspection, copying, testing, or sampling pursuant to paragraph (2) of subdivision (c) of Section 2031.030 and any related activities. [¶] (2) A representation that the party lacks the ability to comply with the demand for inspection, copying, testing, or sampling of a particular item or category of item. [¶] (3) An objection t...

Excerpt: ...le. [¶] (c) If the responding party does not have personal knowledge sufficient to respond fully to an interrogatory, that party shall so state, but shall make a reasonable and good faith effort to obtain the information by inquiry to other natural persons or organizations, except where the information is equally available to the propounding party.” Code of Civil Procedure section 2030.230, states, “If the answer to an interrogatory would ne...

Excerpt: ...tiff (Angelica Hermosillo) dismissed second cause of action without prejudice. On 3-9-21 under ROA No. 150, Plaintiff filed a Request for Dismissal that dismissed the battery cause of action. Based on these dismissals, the second cause of action is no longer pending before the court, and the Motion is MOOT as to the second cause of action. Therefore, the court will address the Motion as to the first cause of action for General Negligence based on...

Excerpt: ...sion (b), or upon the court's 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 violation...

Excerpt: ...he subject of the cause of action alleged in the complaint. [¶] (ii) The complaint does not state facts sufficient to constitute a cause of action against that defendant.” Eckler v. Neutrogena Corporation (2015) 238 Cal.App.4 th 433, 439 (Eckler), states, “ ‘A motion for judgment on the pleadings serves the function of a demurrer, challenging only defects on the face of the complaint.' [Citation.]' As with a demurrer, ‘[t]he grounds for ...

Excerpt: ...ection 483.015 or 483.020, if it finds all of the following: [¶] (1) The claim upon which the attachment is based 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. [¶] (4) The amount to be secured by the attachment i...

Excerpt: ...must file a motion or an application for an order sealing the record. The motion or application must be accompanied by a memorandum and a declaration containing facts sufficient to justify the sealing.” (Cal. Rules of Court, rule 2.551(b)(1).) California Rules of Court rule 2.550(d) states, “The court may order that a record be filed under seal only if it expressly finds facts that establish: [¶] (1) There exists an overriding interest that ...

Excerpt: ...a meet and confer declaration under Section 2016.040. [¶] (b) In exercising its discretion to grant or deny this motion, the court shall take into consideration any matter relevant to the leave requested, including, but not limited to, the following: [¶] (1) The necessity and the reasons for the discovery. [¶] (2) The diligence or lack of diligence of the party seeking the discovery or the hearing of a discovery motion, and the reasons that th...

Excerpt: ...f all facts properly pled, but also of those facts that may be implied or inferred from those expressly alleged in the complaint. [Citations.]” (City of Atascadero v. Merrill Lynch, Pierce, Fenner & Smith, Inc. (1998) 68 Cal.App.4 th 445, 459.) Code of Civil Procedure section 452, states, “In the construction of a pleading, for the purpose of determining its effect, its allegations must be liberally construed, with a view to substantial justi...

Excerpt: ...d from those expressly alleged in the complaint. [Citations.]” (City of Atascadero v. Merrill Lynch, Pierce, Fenner & Smith, Inc. (1998) 68 Cal.App.4 th 445, 459.) Code of Civil Procedure section 452, states, “In the construction of a pleading, for the purpose of determining its effect, its allegations must be liberally construed, with a view to substantial justice between the parties.” Perez v. Golden Empire Transportation Transit District...

Excerpt: ...oldings, Inc.) Motion to Quash Service of Summons for Lack of Personal Jurisdiction (filed on 5-26-20 under ROA No. 41). The court will discuss a continuance date with the parties. On October 6, 2020, the court continued the hearing on Defendants' Motion to Quash to allow Plaintiffs to conduct further jurisdictional discovery. (10-6-20 Minute Order.) Plaintiffs have shown that on November 24, 2020, Plaintiffs served jurisdictional discovery on ea...

Excerpt: ...) 73 Cal.App.4th 1300, 1306 and CLD Construction, Inc. v City of San Ramon (CLD) (2004) 120 Cal.App.4 th 1141, 1149-1150.) Motion No. 1: Defendants (George Abuhamad, Joan Abuhamad, Switchboard, Inc., and Switchboard, Inc. dba VK Sports, Inc.) Demurrer to the Complaint of Plaintiff (Demurrer), filed on 11-2-20 under ROA No. 20, is SUSTAINED with 14-days leave to amend. Defendant's (Michael Johnson) Demurrer to Second Amended Complaint (Demurrer), ...

Excerpt: ...eposition, filed in support of their motion for summary judgment. (Motion 2:22-28.) “A party requesting that a record be filed under seal must file a motion or an application for an order sealing the record. The motion or application must be accompanied by a memorandum and a declaration containing facts sufficient to justify the sealing.” (Cal. Rules of Court, rule 2.551(b)(1).) California Rules of Court rule 2.550(d) states, “The court may...

Excerpt: ....]” (City of Atascadero v. Merrill Lynch, Pierce, Fenner & Smith, Inc. (1998) 68 Cal.App.4 th 445, 459.) Code of Civil Procedure section 452, states, “In the construction of a pleading, for the purpose of determining its effect, its allegations must be liberally construed, with a view to substantial justice between the parties.” Perez v. Golden Empire Transportation Transit District (2012) 209 Cal.App.4 th 1228, 1238, provides, “This rule...

Excerpt: ...ied Defendants' Motion. (7- 21-20 Minute Order.) The court did not adopt its tentative ruling and set the Motion on 9- 22-20 for the parties to provide supplemental briefing as to authentication and evidentiary issues. (7-21-20 Minute Order.) On 9-22-20, the court exercised its discretion to conduct an evidentiary hearing. (9-22-20 Minute Order.) The court conducted this hearing on 11-23-20 and 12-18-20. (11-23-20 and 12-18-20 Minute Orders.) The...

Excerpt: ...t one or more elements of the cause of action, even if not separately pleaded, cannot be established, or that there is a complete defense to that cause of action. Once the defendant . . . has met that burden, the burden shifts to the plaintiff . . . to show that a triable issue of one or more material facts exists as to that cause of action or a defense thereto. . . .” Code of Civil Procedure section 437c, subdivision (f)(1), provides, in part,...

Excerpt: ...perly pled, but also of those facts that may be implied or inferred from those expressly alleged in the complaint. [Citations.]” (City of Atascadero v. Merrill Lynch, Pierce, Fenner & Smith, Inc. (1998) 68 Cal.App.4 th 445, 459.) Code of Civil Procedure section 452, states, “In the construction of a pleading, for the purpose of determining its effect, its allegations must be liberally construed, with a view to substantial justice between the ...

Excerpt: ...ly pled, but also of those facts that may be implied or inferred from those expressly alleged in the complaint. [Citations.]” (City of Atascadero v. Merrill Lynch, Pierce, Fenner & Smith, Inc. (1998) 68 Cal.App.4 th 445, 459.) Code of Civil Procedure section 452, states, “In the construction of a pleading, for the purpose of determining its effect, its allegations must be liberally construed, with a view to substantial justice between the par...

Excerpt: ...f those facts that may be implied or inferred from those expressly alleged in the complaint. [Citations.]” (City of Atascadero v. Merrill Lynch, Pierce, Fenner & Smith, Inc. (1998) 68 Cal.App.4th 445, 459.) Code of Civil Procedure section 452, states, “In the construction of a pleading, for the purpose of determining its effect, its allegations must be liberally construed, with a view to substantial justice between the parties.” P e r e z v...

Excerpt: ...on contends, “From the date of Order until now, the Parties have not been able to participate in arbitration (per the Order) due to Defendants' failure to pay for the arbitration fees (‘Fee'), despite Defendants being the moving party to compel arbitration. Accordingly, Defendants have effectively waived their right to arbitration, and now, Plaintiff submits this Petition to respectfully request this Court to reinstate the matter back to tria...

Excerpt: ...'s option to produce writings. [¶] (3) An objection to the particular interrogatory.” Code of Civil Procedure section 2030.260, subdivision (a), provides, in relevant part, “Within 30 days after service of interrogatories, the party to whom the interrogatories are propounded shall serve the original of the response to them on the propounding party . . . .” Code of Civil Procedure section 2030.270, subdivision (a), explains, “The party pr...

Excerpt: ...specified in the deposition notice or a deposition subpoena, the party seeking discovery may move the court for an order compelling that answer or production.” Code of Civil Procedure section 2020.030 provides, “Except as modified in this chapter, the provisions of Chapter 2 (commencing with Section 1985) of Title 3 of Part 4 of this code, and of Article 4 (commencing with Section 1560) of Chapter 2 of Division 11 of the Evidence Code, apply ...

Excerpt: ... showing that a cause of action has no merit if that party has shown that one or more elements of the cause of action, even if not separately pleaded, cannot be established, or that there is a complete defense to that cause of action. Once the defendant . . . has met that burden, the burden shifts to the plaintiff . . . to show that a triable issue of one or more material facts exists as to that cause of action or a defense thereto.” Code of Ci...

Excerpt: ...tial justification, an unmeritorious objection to discovery. [¶] (f) Making an evasive response to discovery. [¶] (g) Disobeying a court order to provide discovery.” Code of Civil Procedure section 2023.030, subdivision (c), provides, “To the extent authorized by the chapter governing any particular discovery method or any other provision of this title, the court, after notice to any affected party, person, or attorney, and after opportunit...

Excerpt: ...[Citations.]” (City of Atascadero v. Merrill Lynch, Pierce, Fenner & Smith, Inc. (1998) 68 Cal.App.4 th 445, 459.) Code of Civil Procedure section 452, states, “In the construction of a pleading, for the purpose of determining its effect, its allegations must be liberally construed, with a view to substantial justice between the parties.” Perez v. Golden Empire Transportation Transit District (2012) 209 Cal.App.4 th 1228, 1238, provides, �...

Excerpt: ...¶ 6 and Exhibit B): The deposition subpoena directed to Goldome Warehouse Lending requests, “Any and all records of any kind of type whatsoever pertaining to Victor Hung-Ki Loo aka Victor H. Loo aka Victor Loo. DOB: April 06, 1978, SS#: Unknown. And Titan Mutual Lending, Inc. (NMLS# 1604483).” As noted in the court's 9-16-20 Minute Order, “Defendant testified, ‘. . . our first ability to be able to lend comprises of three items. . . You ...

Excerpt: ...Procedure section 1281.2, states, in part, “On petition of a party to an arbitration agreement alleging the existence of a written agreement to arbitrate a controversy and that a party thereto refuses to arbitrate such controversy, the court shall order the petitioner and the respondent to arbitrate the controversy if it determines that an agreement to arbitrate the controversy exists, unless it determines that: [¶] (a) The right to compel arb...

Excerpt: ...y or the defendant may move the court for an order, upon notice and hearing, requiring the plaintiff to furnish security as hereinafter provided. The motion shall be based upon one or both of the following grounds: [¶] (1) That there is no reasonable possibility that the prosecution of the cause of action alleged in the complaint against the moving party will benefit the limited liability company or its members. [¶] (2) That the moving party, i...

Excerpt: ...nt's (International Marine Products) Joinder in Other Defendants' Motion for Summary Judgment and, in the Alternative, for Adjudication of Issues (Motion) filed on 5-26-20 under ROA Nos. 827 and 829, is CONTINUED to 3-2-21 at 9:00 a.m. in Department C19 for the reasons set forth below. On 8-25-20 under ROA No. 931, Plaintiffs (Plat Form Inc., Zaal Aresh, and Glenn Cha) filed a Separate Statement in Opposition to Motion of Defendants Chihyang Ho, ...

Excerpt: ... Development & Design to allow Defendant—5 Oaks Creative Development & Design to reinstate its corporate status. (10-6- 20 Minute Order.) Thus, this Motion applies only to Defendant—5 Oaks Creative Development & Design. The court GRANTS Plaintiff's (Maxim Flexpac, Inc.) Request for Judicial Notice (RJN), filed on 9-23-20 under ROA No. 51, pursuant to Evidence Code section 452, subdivisions (d) and (h). The court GRANTS Plaintiff's Supplementa...

Excerpt: ...lowing apply: [¶] (1) An answer to a particular interrogatory is evasive or incomplete . . . [¶] (3) An objection to an interrogatory is without merit or too general. . . . [¶] (b) A motion under subdivision (a) shall be accompanied by a meet and confer declaration under Section 2016.040. [¶] (c) Unless notice of this motion is given within 45 days of the service of the verified response, or any supplemental verified response, or on or before...

Excerpt: ... sanction, or a terminating sanction under Chapter 7 (commencing with Section 2023.010). In lieu of or in addition to that sanction, the court may impose a monetary sanction under Chapter 7 (commencing with Section 2023.010).” Plaintiff seeks to compel Defendant (Lee Vincent Cottone) to comply with the court's 2-11-20 order. (Motion; 1:18-2:10.) Plaintiff states, “Defendant should be ordered to comply with the Order by contacting his agents a...

Excerpt: ...laint.” Eckler v. Neutragena Corporation (2015) 238 Cal.App.4 th 433, 439 (Eckler), states, “ ‘A motion for judgment on the pleadings serves the function of a demurrer, challenging only defects on the face of the complaint.' [Citation.]' As with a demurrer, ‘[t]he grounds for a motion for judgment on the pleadings must appear on the face of the complaint or from a matter of which the court may take judicial notice.' [Citation.] “A trial...

Excerpt: ...ity of Atascadero v. Merrill Lynch, Pierce, Fenner & Smith, Inc. (1998) 68 Cal.App.4 th 445, 459.) Code of Civil Procedure section 452, states, “In the construction of a pleading, for the purpose of determining its effect, its allegations must be liberally construed, with a view to substantial justice between the parties.” Perez v. Golden Empire Transportation Transit District (2012) 209 Cal.App.4 th 1228, 1238, provides, “This rule of libe...

Excerpt: ...mental Brief (CD Supp. Brief) filed on 10-7-19 under ROA No. 2571 (1:26-2:4); Cross-Complainants' (William Parrish and E. Timothy Fitzgibbons) Supplemental Brief (CC Supp. Brief filed on 11-12-19 under ROA No. 2583 (1:24-27.) “A demurrer tests the pleading alone, and not the evidence or the facts alleged. . . . To the extent there are factual issues in dispute, however, this court must assume the truth not only of all facts properly pled, but a...

Excerpt: ...accordance with Section 483.015 or 483.020, if it finds all of the following: [¶] (1) The claim upon which the attachment is based 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. [¶] (4) The amount to be secured by...