Excerpt: ...ept as true their contents. (Day v. Sharp (1975) 50 Cal.App.3d 904, 914; Bach v. McNelis (1989) 207 Cal.App.3d 852, 865.) I'm not sure how relevant the information is, but Defendant does not oppose the request. GRANT. III. Evidentiary Objections Plaintiff objects to facts outside the four corners of the pleading. The objection is valid because such extrinsic facts cannot be considered on a demurrer. (Ion Equip. Corp. v. Nelson (1980) 110 Cal.App....

Excerpt: ...issues. CCP §1281.2. A proceeding to compel arbitration is in essence a suit in equity to compel specific performance of a contract. Freeman v. State Farm Mutual Auto Insurance Co. (1975) 14 Cal.3d 473, 479. The petition to compel must set forth the provisions of the written agreement and the arbitration clause verbatim, or such provisions must be attached and incorporated by reference. Cal. R. Ct. 3.1330; see Condee v. Longwood Mgmt. Corp. (200...

Excerpt: ...ill, knowledge, and care ordinarily possessed and exercised by members of the medical profession under similar circumstances.” (Mann v. Cracchiolo (1985) 38 Cal.3d 18, 36.) Thus, “(t)he elements of a cause of action for professional negligence are failure to use the skill and care that a reasonably careful professional operating in the field would have used in similar circumstances, which failure proximately causes damages to plaintiff.” (J...

Excerpt: ...ff alleges that beginning in 2013, Employer's Senior Vice President, Defendant Robert T. Perez (“Perez”) began harassing Plaintiff. Plaintiff alleges that Perez made inappropriate sexual comments to Plaintiff, asked her for dates and touched and caressed her on multiple occasions. Furthermore, Perez allegedly sent emails containing naked pictures of his genitals. Plaintiff asserts that she felt she would be terminated if she complained. Plain...

Excerpt: ...2018, at an advanced stage of construction, Eze expressed concern to building inspector, Michael Almandinger (“Building Inspector”) that electric power lines were dangerously close to the open second‐story terrace, exposing his family to radiation. Eze suggested putting a cover, i.e., patio deck, to minimize radiation exposure. (Petition, ¶ 11.) The Building Inspector advised Eze that he will have to provide an approved plan or get a varia...

Excerpt: ... of Christopher Bowen. Defendant further asserts almost the entirety of the requests are Page 8 of 9 procedurally improper, vague/confusing/unintelligible and/or ask for explanations of prior discovery responses or pleadings. Defendant contends Plaintiff's separate statement is procedurally improper and requests sanctions in the amount of $4,680 for having to oppose this Motion. The Reply reasserts many of the same arguments made in the moving pa...

Excerpt: ...sham pleading doctrine, a plaintiff cannot avoid allegations that are determinative to a cause of action simply by filing an amended complaint which omits the problematic facts or pleads facts inconsistent with those alleged in the original complaint. The doctrine precludes a plaintiff from amending a complaint to omit harmful allegations without explanation, from previous complaints to avoid attacks raised in demurrers.” (Tindell v. Murphy (20...

Excerpt: ...irements. These documents may be judicially noticed pursuant to Cal. Evid. Code §452(d), which permits judicial notice of court records. However, “although the existence of a document may be judicially noticeable, the truth of statements contained in the document and its proper interpretation are not subject to judicial notice if those matters are reasonably disputable.” (Fremont Indemnity Co. v. Fremont General Corp. (2007) 148 Cal. App. 4t...

Excerpt: ...) To demonstrate that a cause of action cannot be established, the defendant must either negate an essential element of the plaintiff's cause of action, or show that the plaintiff lacks evidence. (Chavez v. Glock (2012) 207 Cal.App.4th 1283, 1301.) To negate an element, the defendant must establish that plaintiff's claims fails as a matter of law. (Eriksson v. Nunnick (2011) 191 Cal.App.4th 826, 849 (applying rule to issues of duty).) To demonstr...

Excerpt: ...cient personal knowledge for the statements and the statements either come within a hearsay objection or are not hearsay. the Court OVERRULE the objections. Defendants object to statements made in the 7/27/22 declaration of counsel Martin S. Rudoy based on lack of personal knowledge, lack of foundation, secondary evidence rule and uncertainty. The written objections are not properly formatted because they are not numbered consecutively. (See e.g....

Excerpt: ...n with sufficient particularity. (Hilliard v. AH Robbins Co. (1983) 148 Cal.App.3d 374, 392.) Generally, claims for punitive damages must be pleaded with particularity as to the facts constituting the alleged egregious conduct. (G.D. Searle & Co. v. Superior Court (1975) 49 Cal.App.3d 22, 29.) However, the court may read the complaint as a whole so that conclusory allegations may be sufficient when read in context with the facts alleged as to the...

Excerpt: ...mmencement and prosecution of such action.” The parties agree Plaintiff is the prevailing party. At issue in this motion is the reasonableness of Plaintiff's request. The matter of reasonableness of a party's attorney's fees is within the sound discretion of the trial judge. (Bruckman v. Parliament Escrow Co. (1989) 190 Cal.App.3d 1051, 1062.) Courts generally consider several factors in determining the reasonableness of a party's attorney's fe...

Excerpt: ... interrogatory no. 17.1, subpart (b) contains objections only with no facts to support the denials. Defendant has since provided amended responses which provides substantive facts supporting each of these denials. (Declaration of Sean Speciale, Ex. 11.) Plaintiff mistakenly argues the response as to RFA nos. 29‐31 remain deficient. Though Plaintiff may not agree or like the answer, Defendant provided substantive code‐compliant responses. DENY...

Excerpt: ...2030.220(a), (b).) “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.” (CCP §2030.220(c).) Responding party is not under a duty to make inquiry from indepen...

Excerpt: ... the court's personal jurisdiction on the ground of improper service of process, the plaintiff has the burden to prove the existence of jurisdiction by proving the facts requisite to an effective service. (Summers v. McClanahan (2006) 140 Cal.App.4th 403, 413.) The filing of a proof of service creates a rebuttable presumption that service was proper only if the proof of service complies with the applicable statutory requirements. (Evidence Code �...

Excerpt: ...atements made by the Chief of Police and contains statements and images that are, at least arguably, unfairly prejudicial. While the video – or at least portions of it – may be admissible on a motion for summary judgment, the court will not permit the hearing on present demurrer to be turned into a contested evidentiary hearing. (See Del E. Webb, supra, 123 Cal.App.3d at 605; Joslin v. H.A.S. Ins. Brokerage (1986) 184 Cal.App.3d 369, 374‐37...

Excerpt: ... a meet and confer declaration under CCP § 2016.040 be submitted with the motion. The declaration must “state facts showing a reasonable and good faith attempt at an informal resolution of each issue presented by the motion. (CCP § 2016.040.) Kimberly Tso Special Interrogatories (140,141 and 162) Defendant has provided substantive responses that he does not have the contact information for Kimberly Tso (140), he has had no contact with Kimber...

Excerpt: ...power to set aside a judgment or order that is void as a matter of law under CCP § 473(d). A judgment or order may be void as a matter of law for lack of or improper service of the summons. (Ellard v. Conway (2001) 94 Cal.App.4th 540, 544.) There is no time limit on a collateral attack on a void judgment or order. (Rochin v. Pat Johnson Mfg. Co. (1998) 67 Cal.App.4th 1228, 1239.) When a defendant challenges the court's personal jurisdiction on t...

Excerpt: ...031.310(b)(2).) The declaration must state facts showing a reasonable and good faith attempt at informal resolution of each issue presented by the motion. (Cal. Code Civ. Pro. §2016.040.) Whether a “reasonable and good faith attempt” was made requires an “evaluation of whether, from the perspective of a reasonable person in the position of the discovering party, additional effort appears likely to bear fruit.” (Clement v. Alegra (2009) 1...

Excerpt: ...e v. Hosney (1962) 204 Cal.App.2d 584, 587 [judicial notice taken that “there is, in the County of Los Angeles, California, in the metropolitan area of the City of Los Angeles, a street address known as ‘1448 North Crescent Heights Boulevard.'”].) Defendant County requests that the court take judicial notice of a printed map taken from Google Maps and the proposition that the map demonstrates that the location of the subject premises on whi...

Excerpt: ...t “Except as otherwise expressly provided by statute, a prevailing party is entitled as a matter of right to recover costs in any action or proceeding.” The costs which a prevailing party is allowed to recover under section Page 8 of 11 1032 includes attorney's fees authorized by (1) contract, (2) statute, or (3) law. (Code Civ. Proc., §1033.5(a)(10)(A),(B)&(C).) California Civil Code section 1717 provides for basis for seeking fee award in ...

Excerpt: ...he campaign. Bennett is a business representative and lawyer for Defendant Local Union 47. Plaintiff filed this action on 3/25/22 and filed the First Amended Complaint (FAC) on 4/20/22. The FAC asserts: (1) defamation/libel per se; (2) online impersonation in violation of Penal Code §528.5; (3) tortious interference; (4) economic interference; (5) intentional misrepresentation; (6) negligent misrepresentation; (7) negligence; (8) civil conspirac...

Excerpt: ...and confer declaration under CCP § 2016.040 be submitted with the motion. The declaration must “state facts showing a reasonable and good faith attempt at an informal resolution of each issue presented by the motion. (CCP § 2016.040.) Special Interrogatory 88 as drafted is compound and overbroad. Myron provides no explanation why the number of employees at Empire is relevant to this case, and specifically, the number of employees after 2018. ...

Excerpt: ...es. Page 3 of 5 (CCP § 2031.310.) The motion must be served within 45 days after service of a verified response, and must be accompanied by a declaration showing a “reasonable and good faith attempt” to resolve the issues informally. (CCP § 2031.310(b),(c).) The motion “shall set forth specific facts showing good cause justifying the discovery sought by the demand.” (CCP § 2031.310(b)(1); Kirkland v. Superior Court (Guess? Inc.) (2002)...

Excerpt: ...ng to compel arbitration is in essence a suit in equity to compel specific performance of a contract. (Freeman v. State Farm Mutual Auto Insurance Co. (1975) 14 Cal.3d 473, 479.) The petition to compel must set forth the provisions of the written agreement and the arbitration clause verbatim, or such provisions must be attached and incorporated by reference. (Cal. R. Ct. 3.1330; see Condee v. Longwood Mgmt. Corp. (2001) 88 Cal.App.4th 215, 218–...