Excerpt: ... 950.2, 950.6(a).) To be timely, a government claim for damages must be presented to the public entity within 6 months of the date the cause of action accrued. (Govt. Code §911.2.) If a plaintiff fails to file a government claim within the 6 -month period, he or she may apply to the public entity for permission to file a late claim. (Govt. Code §911.4.) Such an application must be presented within a reasonable time, and not later than one yea...

Excerpt: ...third- party witnesses Kimberly Lakes, M.D., Glen Fichtner, M.D. and David Franklin, M.D., as well as exhibits attached to the declaration of counsel Christian T.F. Nickerson, based on relevance, inadmissible hearsay, improper opinion testimony, lack of personal knowl edge, lack of proper authentication, etc. Mallari's testimony regarding witnesses' statements during his investigation constitute inadmissible hearsay and compensation for his servi...

Excerpt: ...l notice. (Id.) Demurrers for uncertainty will only be sustained where the defendant cannot reasonably determine what issues must be admitted or denied, or what claims are directed against him. (Khoury v. Maly's of California, Inc. (1993) 14 Cal.App.4th 612, 616.) Demurrers for uncertainty are to be overruled when addressed to inconsequential matters, the facts are within the knowledge of the defendant or ascertainable in discovery, or not dispos...

Excerpt: ...is state, a court rule, or an order of the court. (CCP § 436.) On a motion to strike, as with a demurrer, “the court treats as true the material facts alleged in the complaint, as well as any facts which may be implied or inferred from those expressly alleged.” ( Was hington Int'l Ins. Co. v. Superior Court (1998) 62 Cal. App. 4th 981, 984, n. 2.) A motion to strike is the proper vehicle to attack a punitive damages claim where the facts Pag...

Excerpt: ...(1).) Courts use a two -step evaluation to determine whether an action is a SLAPP suit subject to a special motion to strike: (1) the plaintiff's claim must arise out of the defendant's protected speech or petitioning; and (2) the defendant's claim lacks even minimal P age 4 of 7 merit. (Navellier v. Sletten, (2009) 29 Cal.4th 82, 88 -89; see also Ericsson GE Mobile Communications, Inc. v. C.S.I. Telecommunications Engineers (1996) 49 Cal.App.4th...

Excerpt: ...Code § 12965. Defenda nt does not dispute that Plaintiff is entitled to attorney's fees under § 12965(c)(6), instead asserting that the amount sought is unreasonable. 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 determine whether the amount requested is reasonable based on the circumstances of the case, i...

Excerpt: ...the pleadi ngs involves the same type of procedures that apply to a general demurrer. (Richardson -Tunnell v. School Ins. Program for Employees (2007) 157 Cal.App.4th 1056, 1061.) The grounds for a motion for judgment on the pleadings must appear on the face of the complaint or from a matter of which the court may take judicial notice. (Id.) SONG -BEVERLY —EXPRESS WARRANTIES (1ST -3RD CAUSES OF ACTION) Page 2 of 3 Civil Code §1793.2 governs a ...

Excerpt: ...ce of appeal under Rules 8.104 and 8.108[.]” (CRC Rule 3.1702(b) [emphasis added].) Where no notice of entry of judgment is served, a notice of appeal — and a motion for attorney's fees —must be filed within 180 days of entry of the judgment of dismissal. (CRC Rule 8.104.) He re, there has been no entry of judgment, and no notice of entry of judgment that would trigger the deadlines contemplated by CRC Rule 3.1702 or 8.104. this motion is ...

Excerpt: ...ested documents, and to appear in any proceedings to enforce the discovery. (CCP §2020.220(c).) If a non -party refuses to comply with a subpoena, the subpoenaing party may seek an order compelling compliance. (CCP §§1987.1, 2025.480(a).) The motion shall be accompanied with a meet and confer declaration. (CCP §2025.480(b).) “Unless limited by order of the court...any party may obtain discovery regarding any matter, not privileged, that is ...

Excerpt: ...duce the re quested documents, and to app ear in any proceedings to enforce th e di scover y. (CC P §2020.220(c).) If a non -party refuses to comply with a subpoena, the subpoenaing party may seek an order compelling compliance. (CCP §§1987.1, 2025.480(a).) The motion shal l be accompanied with a meet and confer declaration. (CCP §2025.480(b).) “Unless limited by order of the court...any party may obtain discovery regarding any matter, not ...

Excerpt: ...murrer can be used only to challenge defects that appear on the face of the pleading under attack, or from matters outside the pleading that are judicially noticeable (Blank vs. Kirwan (1985) 39 Cal.3d 311, 318.) In evaluating a complaint under the general demurrer standards, if there is any valid cause of action stated, even if not the one intended, the complaint is sufficient. (Saunders v. Cariss (1990) 224 Cal.App.3d 905, 908.) The sufficiency...

Excerpt: ...nd 97; as to the Req uest for Production 5, it is denied. A party may move for an order to compel a further response if it deems the responding party's objections are without merit or too general. Absent a claim of privilege or attorney work product, the party who seeks to co mpel production has met his burden of showing good cause simply by a fact -specific showing of relevance.” (Kirkland v. Superior Court (2002) 95 Cal. App.4th 92, 98.) The...

Excerpt: ...ed, or beyond the scope of discovery. CCP §2017.010; Rudnick v. Superior Court (1974) 11 Cal.3d 924, 929. Under Evidence Code § 1040(b), a public entity has privilege to refuse to disclose official information, if “[d]isclosure of the information is against public inte rest because there is a necessity for preserving the confidentiality of the information that outweighs the necessity for disclosure in the interest of justice . . .” “Evid...

Excerpt: ...y.” The determination of whether to Page 5 of 9 consolidate two actions is a matter for the trial court's discretion. (Muller v. Robinson (1959) 174 Cal.App.2d 511, 515. The purpose of consolidation is to enhance trial court efficiencies and consolidation should be gra nted to: (1) avoid repetitive trials of common issues; (2) avoid unnecessary costs and delays; and (3) avoid a substantial risk of inconsistent adjudications. (Todd -Stenberg v. ...

Excerpt: ... showing t hat one or more elements of the cause of action cannot be established or that there is a complete defense to that cause of action. (C.C.P. § 437c(p)(2); Cucuzza v. City of Santa Clara (2002) 104 Cal.App.4th 1031, 1037.) Importantly, a moving defendant est ablishes a right to summary judgment by showing that the plaintiff lacks the evidence to support at least one element of the cause(s) of action pleaded. (Cole v. Town of Los Gatos (2...

Excerpt: ... property and i ts value; (4) the location of the property and if it is within private property, a showing that there is probable cause to believe that such property is located there; and (5) a statement that the property has not been taken for tax, assessment, or fine, u nder a statute; or seized. CCP § 512.010(a). Unless the court finds that the defendant has no interest in the property, the court shall not issue a writ of possession “unti...

Excerpt: ... SHARONA ESLAMBOLY HAKIM as to why sanctions not to exceed $1,500.00 or dismissal should not be imposed for Failure to file timely proof of service on all cross -defendants pursuant to CRC 3.110(c). C.C.P. §473(b) allows relief from a default or dismissal where there has been a mistake, inadvertence, surprise or excusable neglect. Relief on these grounds is discretionary. (C.C.P. § 473(b); Lorenz v. Commercial Accept. Inc. Co. (1995) 40 Cal.Ap...

Excerpt: ...) A party's motion for reconsideration must be based on new or different facts or circumstances of law. (Ibid.) A motion for reconsideration must be accompanied by an affidavit stating what application was made before, what judge heard the matter, what orders were made, and what new or different facts, circumstances, or law are claimed to be shown. (Ibid.) When a party seeks reconsideration, he or she must show a “satisfactory explanation for f...

Excerpt: ... all eleven requests. As to sanctions, Plaintiff's request is granted in reasonable reduced amount of $800. Evidentiary Objections Plaintiff objects to statements made in the declaration of Cameron Major based on improper legal argument, lack of foundation, and conc lusory; as to nos. 1-4, it is overruled; and nos. 5 -7, it is sustained. Service of a proper deposition notice obligates a party or party -affiliated witness to attend and testify, an...

Excerpt: ...neral demurrer lies where the pleading does not state facts sufficient to constitute a cause of action. (C.C.P. § 430.10(e).) In evaluating a demurrer, the court gives the pleading a reasonable interpretation by reading it as a whole and all of its parts in their co ntext. (Moore v. Regents of University of California (1990) 51 Cal.3d 120, 125.) The court assumes the truth of all material facts which have been properly pleaded, of facts which ma...

Excerpt: ...employment action ; and (4) the adverse employment action occurred due to the plaintiff's protected class. Reeves v. MV Transportation, Inc. (2010) 136 Cal.App.4th 666, 673. Based on the ruling on the Motion to Deem Matters Admitted, Plaintiff has admitted that he was not d iscriminated against. (Requests for Admission Nos. 4 -6, 8.) As such, this claim fails. The second cause of action is for retaliation. The necessary elements of a retaliation ...

Excerpt: ...oof of servic e pursuant to Cal. R. Ct. 3.110 and failure to timely file and serve an updated and complete case management statement. The OSC was continued several times, until 2/9/22, the court dismissed the action without prejudice for failing to submit a declaration in response to the OSC. The court entered the dismissal order on 2/22/22. On 8/19/22, Plaintiffs filed a motion to set aside the dismissal under CCP §473(b) based on counsel's e...

Excerpt: ...eeding, or any other official proceeding authorized by law” are protected by the anti - SLAPP statute. “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 procedur e for weeding out, at an early stage, meritless claims arising from protected activity.” (Baral v. Schnitt (2016) 1 Cal.5th 376, 384 (emphasis in the original).) Thus, cour...

Excerpt: ...expended, determine d by the court to have been reasonably incurred by the buyer in connection with the commencement and prosecution of such action.” (Ibid.) 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 ...

Excerpt: ...of action. (Cal. Code Civ. Pro. §430.10(c) and (e).) For the purposes of a demurrer, the allegations in the complaint must be accepted as true. (Del E. Webb Corp. v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604.) However, a demurrer does not admit conten tions, deductions or conclusions of fact or law. (Daar v. Yellow Cab Company (1967) 67 Cal.2d 695, 713.) A plaintiff must plead only ultimate rather than evidentiary facts. (Doe v. Ci...