Excerpt: ...lleged 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: ...he motion, order a continuance to permit affidavits to be obtained or discovery to be had, or make any other order as may be just. The application to continue the motion to obtain necessary discovery may also be made by ex parte motion at any time on or before the date the opposition response to the motion is due.” Hamilton v. Orange County Sheriff's Department (Hamilton) (2017) 8 Cal.App.5 th 759, 764-766, explains, “The court denied the con...

Excerpt: ... 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 Transit ...

Excerpt: ...ach interrogatory by any of the following: [¶] (1) An answer containing the information sought to be discovered. [¶] (2) An exercise of the party'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 origin...

Excerpt: ... section 452, subdivision (h). Code of Civil Procedure section 526, states, in part, “(a) An injunction may be granted in any of the following cases: [¶] (1) When it appears by the complaint that the plaintiff is entitled to the relief demanded, and the relief, or an part thereof, consists in restraining the commission or continuance of the act complained of, either for a limited period or perpetually. . . . [¶] (3) When it appears, during th...

Excerpt: ...ck of jurisdiction of the court over him or her.” “When a defendant challenges the court's personal jurisdiction on the ground of improper service of process ‘the burden is on the plaintiff to prove the existence of jurisdiction by proving, inter alia, the facts requisite to effective service.' ” (Summers v. McClanahan (2006) 140 Cal.App.4th 403, 413 (footnote 35 omitted); Lebel v. Mai (2012) 210 Cal.App.4th 1154, 1160.) Lebel v. Mai (201...

Excerpt: ...n designated by an organization that is a party under Section 2025.230, 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 i...

Excerpt: ...the plaintiff . . . has met that burden, the burden shifts to the defendant . . . to show that a triable issue of one or more material facts exists as to the cause of action or a defense thereto. The defendant . . . shall not rely upon the allegations or denials of its pleadings to show that a triable issue of material fact exists but, instead, shall set forth the specific facts showing that a triable issue of material fact exists as to the cause...

Excerpt: ...Notice of Intent to Introduce Oral Testimony at Hearing and Notice to Attend Hearing or Trial and Bring Documents and Things are SUSTAINED. 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: ...act, shall be awarded either to one of the parties or to the prevailing party, then the party who is determined to be the party prevailing on the contract, whether he or she is the party specified in the contract or not, shall be entitled to reasonable attorney's fees in addition to other costs. [¶] (b)(1) The court, upon notice and motion by a party, shall determine who is the party prevailing on the contract for purposes of this section, wheth...

Excerpt: ...e 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 o r mo r e mat er ia l f a c t s ex is t s a s t o th a t c a u s e o f a c t io n o r a d ef en s e thereto.” Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4 th 82...

Excerpt: ...ng the information sought to be discovered. [¶] (2) An exercise of the party'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...

Excerpt: ... 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 demands, including unreasonable v...

Excerpt: ...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.) As to the first cause of action for medical malpractice, the court finds that the statute of limitations does not bar this cause of action. Committee for Green Foothills v. Santa Clara County Bd. of Superv...

Excerpt: ...e consumer does not initiate the transaction, the report may only be provided, if the transaction “involves a firm offer of credit to the consumer . . . .” (Civ. Code, § 1785.11, subd. (b)(2).) Civil Code section 1785.3, subdivision (h), “firm offer of credit” as “[A]ny offer of credit to a consumer that will be honored if, based on information in a consumer credit report on the consumer and other information bearing on the creditworth...

Excerpt: ...Civil Procedure section 428.10 states, in part, “A party against whom a cause of action has been asserted in a complaint or cross-complaint may file a cross-complaint setting forth either or both of the following: . . . [¶] (b) Any cause of action he has against a person alleged to be liable thereon, whether or not such person is already a party to the action, if the cause of action asserted in his cross-complaint (1) arises out of the same tr...

Excerpt: ...sert against the plaintiff the related cause of action not pleaded.” Code of Civil Procedure section 426.50 explains, “. . . The court after notice to the adverse party, shall grant, upon such terms as may be just to the parties, leave to amend the pleading, or to file the cross-complaint, to assert such cause if the party who failed to plead the cause acted in good faith. . . .” “Code of Civil Procedure section 428.10 states, in part, �...

Excerpt: ...ourt will be justified in refusing a party leave to amend his [or her] pleading so that he [or she] may properly present his [or her] case.' ” [Citation.]' (Douglas v. Superior Court (1989) 215 Cal.App.3d 155, 158, 263 Cal.Rptr. 473.) Thus, absent a showing of prejudice to the adverse party, the rule of great liberality in allowing amendment of pleadings will prevail. [Citation.]” (Board of Trustees v. Superior Court (2007) 149 Cal.App.4 th 1...

Excerpt: ...e information concerning expert trial witnesses may promptly move for a protective order. This motion shall be accompanied by a meet and confer declaration under Section 2016.040. [¶] The court, for good cause shown, may make any order that justice requires to prevent any party from unwarranted annoyance, embarrassment, oppression, or undue burden and expense. The protective order may include, but is not limited to, one or more of the following ...

Excerpt: ... 2.) The declaration from Plaintiff's attorney (file on 7-24-18) indicates he “. . . placed the discovery responses for the aforementioned propounded discovery on the desk of my assistant to be formatted and served.” (Chambers Decl., ¶ 9.) Plaintiff's attorney believed the service of the discovery responses occurred in May of 2018. (Chambers Decl., ¶ 11.) The declaration states, “If the Defendants were not served with Discovery Responses,...

Excerpt: ...edure section 2024.050, subdivision (b), lists the criteria a court should consider in exercising it discretion to grant such a motion. On 3-7-13, the court granted Cross-Complainants' Motion for Discovery re Financial Condition. (3-7-13 Minute Order.) On 5-16- 16, the court granted Plaintffs'/Cross-Defendants' motion for stay. (Keathley Decl., ¶ 6 and Exhibit B.) The court has considered the factors under Code of Civil Procedure section 2024.05...

Excerpt: ...for this relief shall be accompanied by a comply 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 th1406, 1413 (disapproved on other grounds in Even Zohar Constr. & Remodeling, Inc. ...

Excerpt: ...ation for this relief shall be accompanied by a comply 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 th1406, 1413 (disapproved on other grounds in Even Zohar Constr. & Remodeling,...

Excerpt: ...�� Code of Civil Procedure section 1286.2, subdivision (a)(4), states, “Subject to section 1286.4, the court shall vacate the award if the court determines any of the following: . . . [¶] The arbitrators exceeded their powers and the award cannot be corrected without affecting the merits of the decision upon the controversy submitted.” Defendants assert that the arbitrator exceeded his power by awarding attorney fees because the contract for...

Excerpt: ...ce 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 propounding interrog...