Excerpt: ... 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 . . . .” Ron Burns Constructions Co., Inc. v. Moore (2010) 184 Cal.App.4 th 1406, 1413 (disapproved on other grounds in Even Zohar Constr. & Remodeling, Inc. v. Bellaire Tow...

Excerpt: ...emurrer 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 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 Pro...

Excerpt: ...at 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, “A party may move for summary adjudication as to one or more causes of action within an action, one or more affirmative defenses, one or more claims for damages, or one or more issues of duty, if the p...

Excerpt: ...S Objection Nos. 3 and 4. Defendants Objections to the Declaration of Jim Whitworth filed on 9-25-20 under ROA No. 168: The court SUSTAINS Objection Nos. 1, 2, 3, 4, 5, 6, 7, 8, 9, and 10. Defendants' Objections to the Declaration of Evelyn Nino De Rivera filed on 9-25-20 under ROA No. 167: The court SUSTAINS all of the objections. Plaintiff's Objection to Defendants' Opposition filed on 9-22-20 under ROA No. 157: The court OVERRULES all of the o...

Excerpt: ...may be modified or vacated, in whole or in part, and a new or further trial granted on all or part of the issues, on the application of the party aggrieved, for any of the following causes, materially affecting the substantial rights of such party: . . . [¶] 5. Excessive or inadequate damages. [¶] 6. Insufficiency of the evidence to justify the verdict or other decision, or the verdict or other decision is against the law. . . . [¶] When a new...

Excerpt: ...on, the court, upon motion reasonably made by any person described in subdivision (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 per...

Excerpt: ...ubdivision (b), states, “In the first paragraph of the response immediately below the title of the case, there shall appear the identity of the responding party, the set number, and the identity of the propounding party.” Code of Civil Procedure section 2030.260, subdivision (a), states in part, “Within 30 days after the service of the interrogatories, the party to whom the interrogatories are propounded shall serve the original response to...

Excerpt: ...e 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.” Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4 th 826, 850-851 (fns. 13 and 14 omitted), states, “Second, and generally, the party moving for summary judgment bears an initial burden of production to make a prima facie showing of the nonexiste...

Excerpt: ...t-Bonnaire) Request for Judicial Notice (PRJN), filed on 1-29-20 under ROA No. 84, pursuant to Evidence Code section 452, subdivision (d). Code of Civil Procedure section 128.7 states in part, “(b) By presenting to the court, whether by signing, filing, submitting, or later advocating, a pleading, petition, written notice of motion, or other similar paper, an attorney or unrepresented party is certifying that to the best of the person's knowled...

Excerpt: ...done yet.” Defendant's (Michael Bromley) attorney responds, “We can stip to keep discovery open until the new trial date is assigned or we can just informally agree in writing.” Code of Civil Procedure section 2024.020 states, [¶] “(a) Except as otherwise provided in this chapter, any party shall be entitled as a matter of right to complete discovery proceedings on or before the 30th day, and to have motions concerning discovery heard on...

Excerpt: ...rrill 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: ...ther response to the demand if the demanding party deems that any of the following apply: [¶] (1) A statement of compliance with the demand is incomplete. [¶] A representation of inability to comply is inadequate, incomplete, or evasive. [¶] An objection in the response is without merit or too general. [¶] (b) A motion under subdivision (a) shall comply with both of the following: [¶] (1) The motion shall set forth specific facts showing goo...

Excerpt: ...demand is made, and to inspect and to measure, survey, photograph, test, or sample the land or other property, or any designated object or operation on it.” Code of Civil Procedure 2031.310, states, in part, “On receipt of a response to a demand for inspection, copying, testing, or sampling, the demanding party may move for an order compelling further response to the demand if the demanding party deems that any of the following apply: [¶] (1...

Excerpt: ...ly made by any person described in subdivision (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...

Excerpt: ... in dispute, however, this court must 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 allegati...

Excerpt: ...rate the controversy if it determines that an 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 ), o...

Excerpt: ...e received at a law and motion hearing must be by declaration or request for judicial notice without testimony or cross-examination, unless the court orders otherwise for good cause shown. [¶] (b) A party seeking permission to introduce oral evidence, except for oral evidence in rebuttal to oral evidence presented by the other party, must file, no later than three court days before the hearing, a written statement stating the nature and extent o...

Excerpt: ... postage prepaid, addressed to the sender. . . . [¶] (d) If the person to whom a copy of the summons and of the complaint are mailed pursuant to this section fails to complete and return the acknowledgment form set forth in subdivision (b) within 20 days from the date of such mailing, the party to whom the summons was mailed shall be liable for reasonable expenses thereafter incurred in serving or attempting to serve the party by another method ...

Excerpt: ...on are directed fails to serve a timely response, the following rules apply: [¶] (a) The party to whom the requests for admission are directed waives any objection to the requests, including one based on privilege or on the protection for work product under Chapter 4 (commencing with Section 2018.010). The court, on motion, may relieve that party from this waiver on its determination that both of the following conditions are satisfied: [¶] (1) ...

Excerpt: ...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 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 ...

Excerpt: ...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 Transi...

Excerpt: ... the demand . . . .” Code of Civil Procedure section 2031.270, subdivision (a), explains, “The party demanding inspection, copying, testing, or sampling and the responding party may agree to extend the date for the inspection, copying, testing, or sampling or the time for service for a response to a set of demands . . . .”Code of Civil Procedure section 2031.300, subdivision (b), provides, “If a party to whom a demand for inspection, copy...

Excerpt: ... th 665. Code of Civil 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) ...

Excerpt: ...tent they are directed at the Amended Declaration from Robert W. Hamburg. The court SUSTAINS the objections to the Exhibit 3 attached to the Hamburg declaration. The court SUSTAINS the objection to the Hiro Oshima declaration, but notes that Hiro Oshima filed an Amended Declaration upon which the court relies. The court OVERRULES Plaintiffs' objections to the extent they are directed at the Amended Declaration from Hiro Oshima. The court did not ...

Excerpt: ...ruth of the matters asserted in Exhibits A, B, C, D, and E. (Arce v. Kaiser Foundation Health Plan, Inc. (2010) 181 Cal.App.4 th 471, 482.) Code of Civil Procedure section 425.16, subdivision (b), states, in part, “(1) A cause of action against a person arising from any act of that person in furtherance of the person's right of petition or free speech under the United States Constitution or the California Constitution in connection with a publi...

Excerpt: ...e action is brought. [¶] (b) The application shall be executed under oath and shall include all of the following: [¶] (1) A showing of the basis of the plaintiff's claim and that the plaintiff is entitled to possession of the property claimed. If the basis of the plaintiff's claim is a written instrument, a copy of the instrument shall be attached. [¶] (2) A showing that the property is wrongfully detained by the defendant, of the manner in wh...

Excerpt: ... alleged in the complaint. [¶] (ii) The complaint does not state facts sufficient to constitute a cause of action against that defendant.” 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 plea...

Excerpt: ...t Exhibit No. 1 represent an act of the executive department within the meaning of Evidence Code section 452, subdivision (c). The court GRANTS Cross-Defendants' Request for Judicial Notice as to Exhibit No. 2 pursuant to Evidence Code section 452, subdivision (d). The court DENIES Cross-Complainant's (Gem Works, LLC) Request for Judicial Notice, filed on 8-5-20 under ROA No. 263), as immaterial to the court's ruling as set forth below. (See Zucc...

Excerpt: ...and and Lenore Albert in support of the Opposition. Code of Civil Procedure section 1005, subdivision (b), states in part, “All papers opposing a motion so noticed shall be filed with the court and a copy served on each party at least nine court days, and all reply papers at least five court days before the hearing.” California Rules of Court, rule 3.1300(d), provides, “No paper may be rejected for filing on the ground that it was untimely ...

Excerpt: ...claration of Michelle Wodynski. The court OVERRULES the remaining objections to the declaration of Michelle Wodynski. The court OVERRULES Objection No. 5 to the declaration of Calean Rottman. The court SUSTAINS the remaining objections to the declaration of Calean Rottman. Code of Civil Procedure section 410.10, states, “A court of this state may exercise jurisdiction on any basis not inconsistent with the Constitution of this state or of the U...

Excerpt: ...interrogatories.” On 10-9-19, Defendant/Cross-Complainant served Plaintiff (Lillian Gavan) with “Form Interrogatories--General, Set No. Two (2).” (Yang Decl., ¶ 4 and Exhibit B.) Defendant/Cross-Complainant has not provided responses to this discovery request. (Yang Decl., ¶ 5.) Based on the above, the court GRANTS Defendant's/Cross-Complainant's (Franklin True) unopposed Motion to Compel Verified Response to Form Interrogatories, Set Two...

Excerpt: .... . . 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, “A party may move for summary adjudication as to one or more causes of action within an action, one or more affirmative defenses, one or more claims for damages, or one or more issues o...

Excerpt: ...ction shall be stayed upon the filing of a notice of motion made pursuant to this section. The stay of discovery shall remain in effect until notice of entry of the order ruling on the motion. The court, on noticed motion and for good cause shown, may order that specified discovery be conducted notwithstanding this subdivision.” Baral v. Schnitt (2016) 1 Cal.5th 376, 384-385 (Baral) states, “The anti-SLAPP statute does not insulate defendants...

Excerpt: ...leged 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 (2012) 209 Cal.App.4 th ...

Excerpt: ...hose 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 (2012) ...

Excerpt: ...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 parties.” ...

Excerpt: ...e governed by Code of Civil Procedure section 481.010 et seq. Generally, an order of attachment may be issued only in an action for a claim of money that is based upon an express or implied contract where the total amount of such claim is a fixed or ‘readily ascertainable' amount not less than $500. (§ 483.010, subd. (a).) [¶] Before an attachment order is issued, the court must find all of the following: (1) the claim upon which the attachme...

Excerpt: ...ssociates, Inc. (Quantum) (2011) 197 Cal.App.4 th 927, 934, explains, “Rule 3.1113 rests on a policy-based allocation of resources, preventing the trial court from being cast as a tacit advocate for the moving party's theories by freeing it from any obligation to comb the record and the law for factual and legal support that a party has failed to identify or provide. On the record in this case, the trial court was justified in declining to look...

Excerpt: ...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 parties.” ...

Excerpt: ...coverable in a civil action. [Citation.]' [Citation.] An item not specifically allowable under subdivision (a) nor prohibited under subdivision (b) may nevertheless be recoverable in the discretion of the court if ‘reasonably necessary to the conduct of the litigation rather than merely convenient or beneficial to its preparation.' [Citation.] [¶] If the items appearing in a cost bill appear to be proper charges, the burden is on the party see...

Excerpt: ... 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, with a view to substantia...

Excerpt: ...'s objections. Defendants' Evidentiary Objections filed on 7-14-20 under ROA No. 83: The court SUSTAINS Objections Nos. 1 and 2, and OVERRULES Objection Nos. 3 and 4. Code of Civil 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 petitione...

Excerpt: ...ice pursuant to Section 2025.240 may take a subsequent deposition of that deponent. [¶] (b) Notwithstanding subdivision (a), for good cause shown, the court may grant leave to take a subsequent deposition, and the parties, with the consent of any deponent who is not a party, may stipulate that a subsequent deposition be taken.” On 1-29-20, Defendant—Dr. Paul Athanasius (Dr. Athanasius) served Plaintiff (David Norfolk) with a Notice of Taking...

Excerpt: ...(Reply) filed on 6-16-20 under ROA No. 404. (Carbajal v. CWPSC, Inc. (2016) 245 Cal.App.4 th 227, 241.) Code of Civil Procedure section 2034.610, states, “(a) On motion of any party who has engaged in a timely exchange of expert witness information, the court may grant leave to do either or both of the following: [¶] (1) Augment that party's expert witness list and declaration by adding the name and address of any expert witness whom that part...

Excerpt: ...lied 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 T...

Excerpt: ...er to a particular request is evasive or incomplete. [¶] (2) An objection to a particular request is without merit or too general. [¶] (b)(1) 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 response, or any specific later date to which the requesting part...

Excerpt: ...ot limited to, the following: . . . [¶] (d) Failing to respond or submit to an authorized method of discovery. . . [¶] (g) Disobeying a court order to provide discovery.” Code of Civil Procedure section 2023.030 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 opportunity for hearing...

Excerpt: ...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. Gol...

Excerpt: ...Procedure section 437c, subdivision (q). The court OVERRULES Objection No. 44. Plaintiff's Objections to Declaration of Stephanie Bonin filed on 2-11-20 under ROA No. 116: The court SUSTAINS Objection Nos. 1, 2, and 3. Plaintiff's Objections to Declaration of Susan Artes filed on 2-11-20 under ROA No. 117: The court SUSTAINS Objection Nos. 1, 2, and 3. Plaintiff's Objections to Declaration of Dana Smith filed on 2-11-20 under ROA No. 118: The cou...

Excerpt: ... 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. Golden Empire Transportati...