Excerpt: ...provides: (a) Each answer in a response to interrogatories shall be as complete and straightforward as the information reasonably available to the responding party permits. (b) If an interrogatory cannot be answered completely, it shall be answered to the extent possible. (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 fai...

Excerpt: ...filing. But the court, in its discretion, may refuse to consider these papers in ruling on the motion. (Cal. Rules of Court, rule 3.1300(d); Kapitanski v. Von's Grocery Co., Inc. (1983) 146 Cal.App.3d 29, 32- 33.) Plaintiff's counsel points to the press of business as the reason he filed the opposition with only four court days' notice, in violation of Code of Civil Procedure section 1005, subdivision (b), which requires nine court days' notice. ...

Excerpt: ...rty's showing of mistake, inadvertence, surprise or excusable neglect. (Leader v. Health Industries of Am., Inc. (2001) 89 Cal.App.4th 603, 615-616.) A defendant carries the burden of establishing inadvertence, surprise, mistake or excusable neglect by a preponderance of the evidence. (Transit Ads, Inc. v. Tanner Motor Livery, Ltd. (1969) 270 Cal.App.2d 275, 279.) “[T]he law favors disposing of cases on their merits.” (Fasuyi v. Permatex, Inc...

Excerpt: ...orners” of the pleading – which includes the pleading, any exhibits attached, and matters of which the court is permitted to take judicial notice. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318; Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994.) Limited to the “four corners” as such, a pleading is adequate if it contains a reasonably precise statement of the ultimate facts, in ordinary and concise language, and with sufficient d...

Excerpt: .... The deposition lasted for two hours. Roughan has been paid $500. There is a balance of $500. (Jones Decl., at 5-7, Exh. A.) Defendants do not oppose payment, and explain that a request for payment was sent to their insurance carrier on January 18, 2023. (Opp., at p. 4.) Defendants' carrier has had several months to pay the balance. The balance was originally due within five days of receipt of the itemized statement dated November 7, 2022. (See ...

Excerpt: ...hout leave to amend. Special Demurrer Defendant argues that the first through sixth and tenth through twelfth causes of action are uncertain. A demurrer for uncertainty is strictly construed, even where a complaint is in some respects uncertain, because ambiguities can be clarified under modern discovery procedures." (Khoury v. Maly's of California, Inc. (1993) 14 Cal.App.4th 612, 616.) Errors and confusion created by "the inept pleader" are to b...

Excerpt: ...o the extent Plaintiffs seeks to compel further responses from Selman Chevrolet Co., it is denied. Code of Civil Procedure section 2031.010 provides, in relevant part, that "any party may obtain discovery" by "inspecting, copying, testing, or sampling documents, tangible things, land or other property, and electronically stored information in the possession, custody, or control of any other party to the action." (Code Civ. Proc., S 2031.010, subd...

Excerpt: ...able issue of material fact and that he is entitled to judgment as a matter of law." (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850.) "A prima facie showing is one that is sufficient to support the position of the party in question." (ld. at p. 851.) A defendant moving for summary judgment satisfies his or her initial burden by showing that one or more elements of the cause of action cannot be established or that there is a complet...

Excerpt: ...caused by untimely responses to interrogatories, requests for production of documents and requests for admission. To obtain relief, the party that waived objections must make a motion and the court must find "both of the following conditions are satisfied": (1) subsequent service of a substantially compliant response; and (2) that the "failure to serve a timely response was the result of mistake, inadvertence, or excusable neglect." (Code Civ. Pr...

Excerpt: ...ial Council form instructs "(each complaint must have one or more causes of action attached)." However, Plaintiff only attached the Judicial Council form for a breach of contract cause of action. He failed to attach forms for common counts and quantum meruit. (Weil & Brown, Cal. Practice Guide: Civil Procedure Before Trial (The Rutter Group 2022) '1 6: 202 ["Tort and contract complaints require attachments: The other Judicial Council form complai...

Excerpt: ...f which the court is permitted to take judicial notice. (Blank v. Kirwan (1985) 39 Cal. 3d 311, 318; Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994.) Limited to the "four corners" as such, a pleading is adequate if it contains a reasonably precise statement of the ultimate facts, in ordinary and concise language, and with sufficient detail to acquaint a defendant with the nature, source and extent of the claim. (Leek v. Cooper (20...

Excerpt: ...ify any objection or failure to fully answer the interrogatories. (Fairmont Ins. Co. v. Superior court (2000) 22 cal.4th 245, 255.) Defendant asserts that Plaintiff filed the instant motion "without warning" and thus prematurely cut short the meet and confer process. (Opp. at 2.) Prior to filing a motion to compel further responses, the moving party must meet and confer with the responding party in a reasonable and good faith attempt to informall...

Excerpt: ...led in this action on June 3, 2022. (Opp., at p. 2, fn. 1.) It is unnecessary to ask the court to take judicial notice of materials previously filed in this case. A party may "simply call the court's attention to such papers." (Weil & Brown, Cal. Practice Guide: Civil Procedure Before Trial (The Rutter Group 2021) g:53.1a.) Standing Bel Air Home contends Plaintiffs lack standing because they are bringing this action as successors-in-interest but ...

Excerpt: ...uld be denied because Moving Defendants failed to adequately meet and confer prior to filing the instant motion. (Opp., at p. 4.) The failure to sufficiently meet and confer is not a ground to grant or deny the motion to strike. (Code Civ. Proc., S 435.5, subd. Waiver Plaintiff argues that her counsel entered into an agreement with a representative of Traveler's Insurance on January 10, 2023 to extend the deadline to respond to the representative...

Excerpt: ...iled the instant motion. Defendant objects to the supplemental memorandum. Plaintiff failed to obtain leave of court prior to filing the supplemental memorandum. Nevertheless, the court exercised its discretion in considering the Plaintiff's supplemental memorandum. Under Code of Civil Procedure section 1281.4, upon request of a party, when the court orders a case to arbitration, it shall also stay the action until arbitration is completed. The p...

Excerpt: ...ts Defendant Walt Disney Parks and Resorts U.S., Inc.'s ("WDPR") motions to compel further responses by Russell to: (1) form interrogatories, set one, nos. 2.5-2.8, 2.11, 6.1-6.7, 7.1-7.3, 9.1-9.2, 10.1-10.3, 11.1-11.2, 12.1-12.7, 13.1-13.2, 14.1- 14.2, and 17.1; (2) special interrogatories, set one; (3) requests for production of documents, set one; and (4) requests for admissions, set one. Background On September 2, 2022, the discovery at issue...

Excerpt: ...ontroversy thereafter arising out of such contract or transaction, or the refusal to perform the whole or any part thereof . . . shall be valid, irrevocable and enforceable, save upon such grounds as exist at law or in equity for the revocation of any contract." (g U.S.C. 2.) "The 'principal purpose' of the FAA is to 'ensur[e] that private arbitration agreements are enforced according to their terms.'" (Lacayo v. Catalina Restaurant Group Inc. (2...

Excerpt: ...v. State Farm Mutual Auto. Ins. co. (2012) 211 cal.App.4th 1, 8-9.) Defendant's Non-compliant Separate Statement In its notice, Defendant moved for summary judgment, or in the alternative summary adjudication "on the following grounds"' The undisputed evidence in this matter demonstrates that the DEFENDANT did act negligently. Further, DEFENDANT did not breach any duty owed to the PLAINTIFF since (1) DEFENDANT did not act recklessly while engagin...

Excerpt: ...aration, paragraphs 13 and 18, and Exhibits 12 and 17, are sustained. Defendant's remaining objections are overruled. Summary Adjudication Standard In both summary judgment and summary adjudication proceedings, the pleadings determine the scope of the relevant issues. (Port Medical Wellness, Inc. v. Connecticut Genera/ Life Ins. co. (2018) 24 cal.App.5th 153, 169; FPI Development v. Nakashima (1991) 231 Cal.App.3d 367, 381-382 [pleadings serve as...

Excerpt: ... Code section 3287, subdivision (a), is denied because the damages were not "liquidated." Subdivision (a) provides, in relevant part, that person who is entitled to recover damages certain, or capable of being made certain by calculation, and the right to recover which is vested in the person upon a particular day, is entitled also to recover interest thereon from that day, except when the debtor is prevented by law, or by the act of the creditor...

Excerpt: ...arty" is entitled to costs "as a matter of right." A "prevailing party" includes: (1) the party with a net monetary recovery; (2) a defendant in whose favor a dismissal is entered; (3) a defendant where neither plaintiff nor defendant obtains any relief; and (4) a defendant as against those plaintiffs who do not recover any relief against that defendant. (Code Civ. Proc., S 1032, subd. The court has no discretion to deny prevailing party status t...

Excerpt: ...ginal ruling. (Code Civ. Proc., S 1008, subd. (a). ) The motion must also be accompanied by an affidavit from the moving party that states: (1) what application was previously made; (2) when and to what judge; (3) what order was made; and (4) what new or different facts, circumstances or law are claimed to be shown. (Code Civ. Proc., S 1008, subd. A party seeking reconsideration also must provide a satisfactory explanation for the failure to prod...

Excerpt: ...er Code of Civil Procedure section 1281.2, Defendants move for an order compelling arbitration of all claims in the Complaint and Cross-complaint. Defendants contend arbitration is mandatory pursuant to an arbitration provision in the "Design-Build Construction GMP Contract" (the "Contract"), a copy of which is attached to the motion as well as to the Complaint. The arbitration provision is found under "Article 23," entitled "ARBITRATION OF DISPU...

Excerpt: ...eeming Plaintiff Darrell Hallett a vexatious litigant, for a prefiling order, and requiring Plaintiff to furnish security in this action. The court ordered supplemental briefing. (3/3/2023 Minute Order; see Le Francois v. Goel (2005) 35 Cal.4th 1094, 1108; Marriage of Barthold (2008) 158 cal.App.4th 1301, 1307-1308.) Having considered the parties' supplemental briefing, the court finds that only one aspect of the September 30, 2022 order that sho...

Excerpt: ... may claim reasonable attorney's fees here under Civil Code 51717(a) and C.C.P. S 1033.5(a)(10)(A). The fees claimed are for services provided by in-house attorneys. Reasonable fees for in house counsel's services may be recovered if not duplicative of services provided by other attorneys on the matter. (Mix v. Tumanjan Development Corp. (2002) 102 Cal.App.4th 1318, 1324; PLCM Group v. Drexler (2000) 22 cal.4th 1084, 1093.) Here, the fees claimed...