Excerpt: ...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 violations of the right of privacy of the person.” (CCP § 1987.1(a).) Service Plaintiff properly served the subpoena for business records on Sunlight. Sunlight argues that, because it is not a resident of California, service on its registered agent for service in this sta...

Excerpt: ...e to compel further responses to special interrogatories Nos. 30-35. A party may move to compel further responses to interrogatories when an answer “is evasive or incomplete” (CCP § 2030.300(a)(1) or an objection “is without merit or too general” (CCP § 2030.300(a)(3)). Special interrogatory Nos. 30 -33 ask, “State all bases that YOU removed, or caused to be removed, PLAINTIFF'S personnel file from the Los Angeles County Sheriff's Dep...

Excerpt: ...complexity or the quantity of the existing and potential issues in the particular case. (2) The financial burden on a party entailed in conducting the discovery by oral deposition. (3) The expedience of using this method of discovery to provide to the responding party the opportunity to conduct an inquiry, investigation, or search of files or records to supply the information sought.” (CCP § 2030.040(a).) Courts may issue a protective “order...

Excerpt: ...g damages to the plaintiff.” (Oasis West Realty, LLC v. Goldman (2011) 51 Cal.4th 811, 821.) Plaintiff does not adequately allege the contract. “A written contract may be pleaded either by its terms —set out verbatim in the complaint or a copy of the contract attached to the complaint and incorporated therein by reference —or by its legal effect. [Citation.] In order to plead a contract by its legal effect, plaintiff must ‘allege the su...

Excerpt: ...rty: assessor's parcel numbers 5867 -011-035 (parcel 35) and 5867-011-036 (parcel 36). Parcel 35 is a strip of land along the north side of Ridgepine Drive. Parcel 36 is two non -contiguous portions of land: 3.0 acres north of parcel 36 and 4.34 acres south of Ridgepine Drive. The first grand deed conveyed property from Bruce R. Cook and William E. Devin III to the Pandazoses, recorded on December 9, 2003, as instrument No. 03 3707014. (SACC, Ex....

Excerpt: ...tion to compel arbitration automatically stayed the action. As of January 1, 2024, Civil Procedure section 1294(a) provides, “Notwithstanding Section 916, the perfecting of such an appeal shall not automatically stay any proceedings in the trial court during the pendency of the appeal.” Preemption Defendants argue the Federal Arbitration Act (FAA) preempts section 1294(a). It does not. Staying an action pending appeal is a procedural rule of ...

Excerpt: ...of Ryan Johnson. All objections are overruled . Authority to Enter Judgment The court has the power to enter judgment pursuant to Code of Civil Procedure section 664.6. Defendants argue otherwise because the parties did not stipulate to entry of judgment. Code of Civil Procedure section 664.6(a) provides, “If parties to pending litigation stipulate, in a writing signed by the parties outside the presence of the court... for settlement of the ca...

Excerpt: ... answer “is evasive or incomplete” (CCP § 2030.300(a)(1) or an objection “is without merit or too general” (CCP § 2030.300(a)(3)). A party demanding documents may move to compel further responses if “[a] statement of compliance with the demand is incomplete,” “[a] representation of inability to comply is inadequate, incomplete, or evasive,” or “[a]n objection in the response is without merit or too general.” (CCP § 2031.310...

Excerpt: ...e leave requested, including, but not limited to, the following: (1) The necessity and the reasons for the discovery. (2) The diligence or lack of diligence of the party seeking the discovery or the hearing of a discovery motion, and the reasons that the discovery was not completed or that the discovery motion was not heard earlier. (3) Any likelihood that permitting the discovery or hearing the discovery motion will prevent the case from going t...

Excerpt: ...ment of compliance with the demand is incomplete,” “[a] representation of inability to comply is inadequate, incomplete, or evasive,” or “[a]n objection in the response is without merit or too general.” (CCP § 2031.310(a).) Plaintiff shows good cause for further responses to these demands. Accountable responded with incomplete statements of compliance. A statement of compliance must state the inspection “will be allowed either in who...

Excerpt: ...dai Securities Co., Ltd. v. Lee (2013) 215 Cal.App.4th 682, 693.) “[A] plaintiff, in order to obtain recognition of a foreign -country money judgment must proceed in accordance with the normal procedures applicable to actions and not by way of a motion or petition to recognize the foreign -country money judgment.” ( Ibid. ) If a plaintiff “wishes to have its contentions dealt with summarily, it must do so by way of a motion for summary judg...

Excerpt: ...; Villa v. McFerren (1995) 35 Cal.App.4th 733, 741.) Courts use a three -step analysis: “(1) identify the issues framed by the pleadings; (2) determine whether the moving party has negated the opponent's claims; and (3) determine whether the opposition has demonstrated the existence of a triable, material fac tual issue.” (Hinesley v. Oakshade Town Center (2005) 135 Cal.App.4th 289, 294.) Defendant establishes it is entitled to summary judgme...

Excerpt: ...comply is inadequate, incomplete, or evasive,” or “[a]n objection in the response is witho ut merit or too general.” (CCP § 2031.310(a).) Defendant properly objected to all requests as overly broad, argumentative, and vague. A demand for inspection must “[d]esignate the documents, tangible things, land or other property, or electronically stored information to be inspected … either by specifically describing each individual item or by ...

Excerpt: ...ism (Penal Code § 594) Plaintiffs do not allege sufficient facts for this cause of action. Penal Code section 594 governs the crime of vandalism. That statute does not provide for a civil action. (Compare Pen. Code, § 594 with Pen. Code, § 496, subd. (c) [“Any person who has been injured by a violation of subdivision (a) or (b) may bring an action for three times the amount of actual damages, if any, sustained by the plaintiff, costs of suit...

Excerpt: ...pulate, in a writing signed by the parties outside the presence of the court... for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement.” Plaintiff meets the requirements of Code of Civil Procedure section 664.6. The parties stipulated in writing to settle this action. They signed a settlement agreement in November 2022. (Rosenbaum Decl., ¶ 4, Ex. 1.) The agreement provide...

Excerpt: ...ee years of commencing the action. Code of Civil Procedure section 583.210(a) provides, “The summons and complaint shall be served upon a defendant within three years after the action is commenced against the defendant. For the purpose of this subdivision, an action is commenced at the time the complaint is filed.” Section 583.250 provides: “(a) If service is not made in an action within the time prescribed in this article: (1) The action s...

Excerpt: ...ear at deposition or produce the requested documents “without having served a valid objection under Section 2025.410.” (CCP § 2025.450(a).) Plaintiff's motion is procedurally defective. “Any motion involving the content of a discovery request or the responses to such a request must be accompanied by a separate statement.” (Cal. Rules of Court, rule 3.1345(a).) “The separate statement must include —for each discovery request … to wh...

Excerpt: ...e case. The trustee administers the estate and is the representative of the estate. [Citation.] The filing of a petition also gives rise to the automatic stay that ‘effect[s] an immediate freeze of the status quo by precluding and nullifying post -petition actions, judicial or nonjudicial, in nonbankruptcy fora against the debtor or affecting the property of the estate.' ” (In re Koeberer (B.A.P. 9th Cir. 2021) 632 B.R. 680, 686 – 687.) “...

Excerpt: ...m unreasonable or oppressive demands, including unreasonable violations of the right of privacy of the person.” (CCP § 1987.1(a).) Defendant Clan Co issued a subpoena to Bank of America for two categories of documents. (Belisle Decl., Ex. A.) No. 1 demands, “Any and all DOCUMENTS, bank statements, checks, deposits, withdrawals, transactions related to NEDA ALHILALI's bank account number ending in 33961 between January 1, 2018 until the DATE ...

Excerpt: ...ility absent the commission of an underlying tort.” (Nasrawi v. Buck Consultants LLC (2014) 231 Cal.App.4th 328, 344, fn. 7.) Plaintiffs do not allege sufficient facts for conversion, so this cause of action fails. Conversion of money requires that the defendant “wrongfully exercised dominion over a specifically identifiable pot of money that already belongs to the” plaintiff. ( Voris v. Lampert (2019) 7 Cal.5th 1141, 1152 –1153.) The pla...

Excerpt: ... move to compel further responses to No. 17.1. A party propounding interrogatories may move to compel further responses when an answer “is evasive or incomplete,” “[a]n exercise of the option to produce documents under Section 2030.230 is unwarranted or the required specification of those documents is inadequate,” or “[a]n objection to an interrogatory is without merit or too general.” (CCP § 2030.300(a).) Nos. 9.1 and 9.2 After Alle...

Excerpt: ...iff does not allege purely economic loss. “ ‘[E]conomic loss' is pecuniary damage not arising from injury to the plaintiff's person or from physical harm to the plaintiff's property.” (Rest.3d Torts, Liability for Economic Harm, § 2.) Federal courts have specifically found a tort duty when repairing vehicles: “ ‘One who undertakes repairs has a duty arising in tort to do them without negligence.' ” (Sabicer v. Ford Motor Company (C.D...

Excerpt: ...hat Nissani's and Sarraf's personal guaranty agreements “are void because they are the product of forgery and were never agreed to by Nissani or Sarraf.” (Id., ¶ 32.) Defendants' motion relies on the incorrect premise that their proposed cause of action for cancellation of instruments is a compulsory crossclaim. If correct, that would limit the court's discretion to deny leave to amend. When a party fails to timely bring compulsory crossclai...

Excerpt: ...d confer as required. “A meet and confer declaration in support of a motion shall state facts showing a reasonable and good faith attempt at an informal resolution of each issue presented by the motion.” (CCP § 2016.040.) Plaintiff shows a sufficient effort to meet and confer. On February 22, 2024, plaintiff's counsel sent QTC's counsel a long email discussing the disputed form interrogatories and requests for production. (Zilikyan Decl., Ex...

Excerpt: ... of a cause of action, an affirmative defense, a claim for damages, or an issue of duty.” “The court must ‘grant[ ]' the ‘motion' ‘if all the papers submitted show' that ‘there is no triable issue as to any material fact' [citation]—that is, there is no issue requiring a trial as to any fact that is necessary under the pleadings and, ultimately , the law.” (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 843.) Issue 1: Pl...

Excerpt: ...sposes of a cause of action, an affirmative defense, a claim for damages, or an issue of duty.” (CCP § 437c(f)(1).) “[T]he Legislature ‘did not define what it meant by “an issue of duty.” ' ” ( Linden Partners v. Wilshire Linden Associates (1998) 62 Cal.App.4th 508, 518 ( Linden Partners ).) Courts have only held two types of “issues of duty” are subject to summary adjudication: the issue of a whether defendant owed a duty of car...

Excerpt: ...e filing these motions. Before moving to compel further discovery responses, a party must make a “reasonable and good faith attempt at an informal resolution of each issue presented by the motion.” (Code Civ. Proc., § 2016.040.) This rule aims “to encourage the parties to work out their differences informally so as to avoid the necessity for a formal order.” (Clement v. Alegre (2009) 177 Cal.App.4th 1277, 1293.) “The level of effort at...

Excerpt: ... The court exercises its discretion not to consider the untimely oppositions by cross - complainants. (Cal. Rules of Court, rule 3.1300(d).) Cross-complainants are admonished that they must file their papers in a timely way in the future. 1. Fraud The FACC does not allege sufficient facts to constitute fraud. Fraud requires “(a) misrepresentation; (b) defendant's knowledge of the statement's falsity; (c) intent to defraud (i.e., to induce actio...

Excerpt: ...Civil Procedure section 1294(a). Defendants move for a discretionary stay. “Even when the statutes do not call for an automatic stay on appeal, the trial and appellate courts both have the power to issue discretionary stays.” ( Daly v. San Bernardino County Bd. of Supervisors (2021) 11 Cal.5th 1030, 1039 ( Daly).) Both the moving papers and opposition argue based on the following four factors used for discretionary stays in federal court: “...

Excerpt: ...e defendant.” (Bolkiah v. Superior Court (1999) 74 Cal.App.4th 984, 991.) Plaintiff meets this burden. “[I]n deciding whether service was valid, the statutory provisions regarding service of process should be liberally construed to effectuate service and uphold the jurisdiction of the court if actual notice has been received by the defendant.” (Gibble v. Car -Lene Research, Inc. (1998) 67 Cal.App.4th 295, 313.) “ ‘Personal service usual...

Excerpt: ... et seq.); (3) Age Discrimination (Gov. Code § 12940); (4) Wrongful Termination in Violati on of Public Policy; (5) Harassment (Gov. Code § 12900, et seq.); (6) Failure to Prevent Discrimination and Harassment (Gov. Code, § 12940(k)); (7) Intentional Infliction of Emotional Distress; (8) Negligent Hiring, Supervision, and Retention; and (9) Defa mation. The Federal Arbitration Act (FAA) Applies Defendants move to compel arbitration under the F...

Excerpt: ... ” (Taus v. Loftus (2007) 40 Cal.4th 683, 720.) A. The Statements Plaintiff sufficiently alleges the substance of the defamatory statements. To allege defamation, the complaint “must set forth ‘either the specific words or the substance of' the allegedly defamatory statements.” ( Comstock v. Aber (2012) 212 Cal.App.4th 931, 948.) “As Witkin distills the pleading rule, ‘It is sometimes said to be a requirement, and it certainly is the ...

Excerpt: ...re each subject to judicial notice for their existence, contents, and legal effects. The court grants judicial notice of exhibits A through F. Leave to File First Amended Complaint Courts have discretion to permit an amendment to any pleading “in furtherance of justice, and on any terms as may be proper.” (Code Civ. Proc., § 473, subd. (a)(1).) Courts exercise their discretion “liberally to permit amendment,” and “[t]he policy favoring...

Excerpt: ...ests for judicial notice are granted . Summary of Pleadings Plaintiff AMG & Associates, Inc. (AMG)'s operative first amended complaint alleges defendant LAUSD breached five contracts. LAUSD filed a cross -complaint against AMG alleging five causes of action for breach of the same contracts, a sixth cause of action for declaratory relief against AMG, and a seventh cause of action for declaratory relief against Travelers as AMG's surety. Right to T...

Excerpt: ...not show proper service of the second amended answer. Vydrug provides no authority for striking an answer because it was not served properly. Moreover, Vydrug specifically addresses “evidence of service” and a defect in the “Declaration of Service.” (Motion, p. 15.) Vydrug has a copy of the second amended answer. Whether the proof of service is erroneous or false makes no difference. B. Verification Vydrug argues defendants' verifications...

Excerpt: ...n, p. 4.) Failure to Provide Separate Statement Davidson did not submit a separate statement as required for this motion. “Any motion involving the content of a discovery request or the responses to such a request must be accompanied by a separate statement. The motions that require a separate statement include a motion: [¶¶] (7) For issue or evidentiary sanctions.” (Cal. Rules of Court, rule 3.1345(a).) The premise of this motion is that p...

Excerpt: ...The verdict may be vacated and any other decision 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” specified reasons. (Italics added.) This procedure generally applies to judgments entered without any trial. (See, e.g., Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 858 [“A motion for a new trial is appropriate following ...

Excerpt: ... as may be proper.” (Code Civ. Proc., § 473, subd. (a)(1).) “This discretion should be exercised liberally in favor of amendments, for judicial policy favors resolution of all disputed matters in the same lawsuit.” (Kittredge Sports Co. v. Superior Court (1989) 213 Cal.App.3d 1045, 1047.) Permitting plaintiff to file an amended complaint serves the interest of justice. Plaintiff, however, cannot file a second amended complaint because ther...

Excerpt: ...11.) Second, the demurrer asserts the complaint fails to allege sufficient facts to constitute a cause of action because plaintiff “ failed to file a notice for a just cause eviction to the Los Angeles Housing Department.” Defendants provide no authority that doing so is required nor any explanation of why failing to do so constitutes a defect appearing on the face of the complaint. Defendants' memorandum of points and authorities argues “P...

Excerpt: ..., 17-19, 21, 23, 27, and 31. A party propounding interrogatories may move to compel further responses when an answer “is evasive or incomplete,” “[a]n exercise of the option to produce documents under Section 2030.230 is unwarranted or the required specification of those documents i s inadequate,” or “[a]n objection to an interrogatory is without merit or too general.” (CCP § 2030.300(a).) Green gave evasive or incomplete responses t...

Excerpt: ...se of action for declaratory relief remains. Requests for Judicial Notice Cook and Devin request judicial notice of four exhibits. Plaintiffs request judicial notice of two exhibits. All documents are court records subject to judicial notice under Evidence Code section 452(d). The court grants all requests for judicial notice. Summary of Allegations Plaintiffs' complaint arises from a dispute over two parcels of real property: assessor's parcel n...

Excerpt: ...tice of an additional six exhibits. All the documents are court records or recorded real property instruments subject to judicial notice of their contents a nd legal effects, but not the truth of the matters asserted therein, under Evidence Code section 452. The court grants all requests for judicial notice as to the documents' existence and legal effects. Discussion Cook and Devin argue all causes of action against them are untimely. Judgment on...

Excerpt: ...avors resolution of all disputed matters in the same lawsuit.” ( Kittredge Sports Co. v. Superior Court (1989) 213 Cal.App.3d 1045, 1047.) Cross -defendant Heidi Yu Ling Yu does not oppose this motion. Permitting the amendment serves the interest of justice. Disposition Cross-complainant Peter Presnell's motion for leave to file a second amended cross -complaint is granted . Cross -complainant Peter Presnell is ordered to file the second amende...

Excerpt: ..., Phleger & Harrison (1998) 18 Cal.4th 739, 748, fn. 6; Appel v. Superior Court (2013) 214 Cal.App.4th 329, 342, fn. 6.) All requests for judicial notice are denied. Demurrer Cross-defendant Gohar Tsilikyan, trustee of the Gohar Tsilikyan Living Trust Dated May 1, 2018, demurs to numerous causes of action alleged by cross-complainants Narek Eric Kazarian and Spectrum Lending, LLC. Kazarian's Claims Tsilikyan demurs to all causes of action by Kaza...

Excerpt: ...the demand is incomplete,” “[a] representation of inability to comply is inadequate, incomplete, or evasive,” or “[a]n objection in the response is without merit or too general.” (CCP § 2031.310(a).) Meet and Confer FedEx argues plaintiff did not meet and confer about requests for production Nos. 82-87 and 91 -97. Plaintiff's first meet and confer letter discusses the disputes over these requests for production. (Butzen Decl., Ex. 5, p...

Excerpt: ...ndants rely on arbitration provisions in two collective bargaining agreements (CBAs) in effect from 2018-2022 (Heermance Decl., Ex. A) and 2022-2026 (id., Ex. B), respectively. Plaintiff argues there is no agreement because the parties did not sign the CBAs. Individual members of a union are not required to sign the CBA. (Mendez v. Mid- Wilshire Health Care Center (2013) 220 Cal.App.4th 534, 542 (Mendez) [despite not signing, “as a member of th...

Excerpt: ...hout having served a valid objection under Section 2025.410.” (CCP § 2025.450(a).) First American moves for a protective order prohibiting plaintiff from deposing Wardle. A party or deponent may move for a protective order “that justice requires to protect” him or her “from unwarranted annoyance, embarrassment, or oppression, or undue burden and expense.” (CCP § 2025.420(b).) Generally, “the burden is on the party seeking the protec...

Excerpt: ...ration with 35 or fewer shareholders” may bring an action for involuntary dissolution when “liquidation is reasonably necessary for the protection of the rights or interest of the complaining shareholder.” (Corp. Code, § 1800(b)(5).) “[T]he grounds for” dissolution under this subdivision “are relatively more liberal than those set out in the other provisions of section 1800.” (Bauer v. Bauer (1996) 46 Cal.App.4th 1106, 1116.) Plain...

Excerpt: ...ur objections to defendants' evidence. All four objections are overruled . Defendants make eight objections to the declaration of Jessica Carlson and five objections to the declaration of Erin M. Kelly. All objections are overruled . I. Existence of Agreement Defendants do not prove the existence of an arbitration agreement between the parties. The party moving to compel arbitration “ ‘ “bears the burden of proving the existence of a valid ...

Excerpt: ...aintiff's requests for judicial notice are granted. Evidentiary Objections Plaintiff makes one evidentiary objection to the “Declaration of Hosea Paragraphs 1 – [sic]”. The objection is overruled. RE/MAX, LLC makes five objections to the declaration of Odalis Suarez. All five objections are overruled. Legal Standard for Summary Judgment A defendant moving for summary judgment or adjudication must show “that one or more elements of the cau...