Excerpt: ...fore amendment. (CCP §§ 473(a)(1), 576.) Motions for leave to amend the pleadings are directed to the sound discretion of the court. “The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading . . ..” (CCP § 473(a)(1); see CCP § 576.) Policy favors liberally granting leave to amend so that all disputed matters between the parties may be resolved. (See Howard v. County of San Diego (201...

Excerpt: ...is subdivision, ‘uncertain' includes ambiguous and unintelligible, (c) Where the answer pleads a contract, it cannot be ascertained from the answer whether the contract is written or oral.” (CCP § 430.20.) In answering, a defendant must plead the ultimate facts (as opposed to legal conclusions) supporting the asserted affirmative defenses to the same extent that a plaintiff must plead ultimate facts supporting the claims asserted in his/her ...

Excerpt: ... shield a defendant's constitutionally protected conduct from the undue burden of frivolous litigation.” (Baral v. Schnitt (2016) 1 Cal.5th 376, 393.) “The anti-SLAPP statute does not insulate defendants from any liability for claims arising from the protected rights of petition or speech. It only provides a procedure for weeding out, at an early stage, meritless claims arising from protected activity.” (Id. at 384.) “Resolution of an ant...

Excerpt: ...rm the award as made, unless the court corrects or vacates the award pursuant to a response to the petition or a petition to correct or vacate the award. (CCP § 1286; Valsan Partners Limited Partnership v. Calcor Space Facility, Inc. (1994) 25 Cal.App.4th 809, 818 [no authority to alter terms of award absent petition to correct].) A petition to confirm an arbitration award must set forth the substance of or attach the arbitration agreement, incl...

Excerpt: ...struction, negligent misrepresentation, and fraud by misrepresentation. LEGAL STANDARD A demurrer for sufficiency tests whether the complaint states a cause of action. (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747.) When considering demurrers, courts read the allegations liberally and in context. In a demurrer proceeding, the defects must be apparent on the face of the pleading or via proper judicial notice. (Donabedian v. Mercury Ins. Co. (2004...

Excerpt: ...relevant, false, or improper matter inserted in any pleading; or (2) strike out all or any part of any pleading not drawn or filed in conformity with the laws of California, a court rule, or an order of the court. (CCP §§ 436(a)-(b); Stafford v. Shultz (1954) 42 Cal.2d 767, 782 [“Matter in a pleading which is not essential to the claim is surplusage; probative facts are surplusage and may be stricken out or disregarded”].) In order to state...

Excerpt: ...ia proper judicial notice. (Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994.) A demurrer tests the pleadings alone and not the evidence or other extrinsic matters. Therefore, it lies only where the defects appear on the face of the pleading or are judicially noticed. (CCP §§ 430.30, 430.70.) At the pleading stage, a plaintiff need only allege ultimate facts sufficient to apprise the defendant of the factual basis for the claim ag...

Excerpt: ...dgment debtor either personally or by mail. (Ibid.) A judgment creditor is entitled to the “reasonable and necessary costs” incurred in enforcing the judgment including attorney fees if the underlying judgment provides for an award or where otherwise provided by law. (CCP § 685.040.) A judgment creditor may claim under this section the following costs of enforcing a judgment: (1) Statutory fees for preparing and issuing, and recording and in...

Excerpt: ...ough the parties' pleadings in order to determine whether, despite their allegations, trial is in fact necessary to resolve their dispute.” (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 843.) “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 party contends that the cause of action ha...

Excerpt: ...ended Complaint (SAC) alleges that Decedent was killed on May 29, 2021, while walking on the sidewalk along Lincoln Boulevard south of Marco Court. Skene, along with Doe 1, was intoxicated and riding an electric scooter owned by Bird on the sidewalk when the electric scooter collided into Wu. LEGAL STANDARD A demurrer for sufficiency tests whether the complaint states a cause of action. (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747.) When consid...

Excerpt: ... the pleading or via proper judicial notice. (Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994.) A demurrer tests the pleadings alone and not the evidence or other extrinsic matters. Therefore, it lies only where the defects appear on the face of the pleading or are judicially noticed. (CCP §§ 430.30, 430.70.) At the pleading stage, a plaintiff need only allege ultimate facts sufficient to apprise the defendant of the factual basi...

Excerpt: ...a proper judicial notice. (Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994.) A demurrer tests the pleadings alone and not the evidence or other extrinsic matters. Therefore, it lies only where the defects appear on the face of the pleading or are judicially noticed. (CCP §§ 430.30, 430.70.) At the pleading stage, a plaintiff need only allege ultimate facts sufficient to apprise the defendant of the factual basis for the claim aga...

Excerpt: ...eek a court order pursuant to CCP section 1987.1 compelling the nonparty to comply with the subpoena within 60 days after completion of the deposition record. (CCP § 2025.480(b); see also UnzippedApparel, LLC v. Bader (2007) 156 Cal.App.4th 123, 127.) The motion must be accompanied by a meet and confer declaration. (CCP § 2025.480(b).) There is no “good cause” requirement when seeking to compel documents from a nonparty. (CCP § 2020.410(c)...

Excerpt: ...e date set for trial, whether contested or uncontested or stipulated to by the parties, must make the request for a continuance by a noticed motion or an ex parte application under the rules in chapter 4 of this division, with supporting declarations. The party must make the motion or application as soon as reasonably practical once the necessity for the continuance is discovered.” Under CRC Rule 3.1332(c), “[a]lthough continuances of trials ...

Excerpt: ... improvements, health insurance premiums and deductibles, car payments and car repairs. Defendant claims an implied contract exists, based on a longstanding pattern of “gifting” from Plaintiff to Defendant and her children with consistent financial support. Defendant claims that this contract is supported by consideration and on a promissory estoppel theory. Plaintiff denies that there is any legal obligation to pay any sums. Plaintiff seeks ...

Excerpt: ... of the pleading or via proper judicial notice. (Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994.) A demurrer tests the pleadings alone and not the evidence or other extrinsic matters. Therefore, it lies only where the defects appear on the face of the pleading or are judicially noticed. (CCP §§ 430.30, 430.70.) At the pleading stage, a plaintiff need only allege ultimate facts sufficient to apprise the defendant of the factual b...

Excerpt: ...rt order pursuant to Code of Civil Procedure section 1987.1 compelling the nonparty to comply with the subpoena within 60 days after completion of the deposition record. (CCP § 2025.480(b); see also UnzippedApparel, LLC v. Bader (2007) 156 Cal.App.4th 123, 127.) Code of Civil Procedure section 1987.1 provides in part: If a subpoena requires the attendance of a witness or the production of books, documents,¿electronically stored information, or ...

Excerpt: ...tract, which specifically provides for attorney fees and costs incurred to enforce the agreement, is entitled to reasonable attorney fees in addition to other costs.¿(Civ. Code § 1717(a); CCP §§ 1032, 1033.5(a)(10)(A).)¿The court, upon notice and motion by a party, shall determine the prevailing party and shall fix, as an element of the costs of suit, the reasonable attorney fees.¿(Civ. Code § 1717(a), (b).)¿Any notice of motion to claim ...

Excerpt: ...nt on the face of the pleading or via proper judicial notice. (Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994.) A demurrer tests the pleadings alone and not the evidence or other extrinsic matters. Therefore, it lies only where the defects appear on the face of the pleading or are judicially noticed. (CCP §§ 430.30, 430.70.) At the pleading stage, a plaintiff need only allege ultimate facts sufficient to apprise the defendant of...

Excerpt: ... monetary sanction . . ..” (CCP §§ 2030.290(c), 2030.300(e), 2031.300(c), 2031.320(c).) Misuse of the discovery process, which includes disobeying a court order to provide discovery, is conduct subject to sanctions. (CCP § 2023.010(g).) Possible sanctions are: (a) [A] monetary sanction ordering that one engaging in the misuse of the discovery process, or any attorney advising that conduct, or both pay the reasonable expenses, including attor...

Excerpt: ...576.) Motions for leave to amend the pleadings are directed to the sound discretion of the court. "The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading.. .." (CCP S see CCP S 576.) Policy favors liberally granting leave to amend so that all disputed matters beb,veen the parties may be resolved. (See Hnward v. Connty of San Diego (2010) 184 Cal.App.4th 1422, 1428.) Absent prejudice to the...

Excerpt: ...set for February 26, 2024. LEGAL STANDARD Code of Civil Procedure section 583.130 provides that it "is the policy ofthe state that a plaintiff shall proceed with reasonable diligence in the prosecution of an action but that all parties shall cooperate in bringing the action to trial or other disposition. Except as otherwise provided by statute or by rule of court adopted pursuant to statute, the policy favoring the right of parties to make stipul...

Excerpt: ...ff in a personal mjury action without leave of Court, as long as the examination complies with the statutory requirements. (5 2032.2200.) Should a party wish to perform a subsequent physical exammation or any mental examination, a party must first obtain leave of court (5 2032.3100.) Section 2032.3100) provides that the motion "shall speci$r the time, place, manner, conditions, scope and nature of the examination, as well as the identity and spec...

Excerpt: ...e pleading or via proper judicial notice. (2004) 116 Cal.App.4th 968, 994.) A demurrer tests the pleadings alone and not the evidence or other extrmsic matters. Therefore, it lies only where the defects appear on the face of the pleading or are judicially noticed. (CCP SS 430.30, 430.70.) At the pleading stage, a plaintiff need only allege ultimate facts sufficient to apprise the defendant ofthe factual basis for the claim against him. (SemQle_YS...

Excerpt: ... a mechanism to cut through the parties' pleadings in order to determine whether, despite their allegations, trial is in fact necessary to resolve their dispute." (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 843.) "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 party contends that the...