Excerpt: ...Reply. The request is untimely and the rulings are not binding on this Court; the request is denied as irrelevant and untimely. MOTION TO COMPEL ARBITRATION A party to an arbitration agreement may seek a court order compelling the parties to arbitrate a dispute covered by the agreement. (CCP § 1291.2.) The court must grant the petition to compel arbitration unless it finds the right to compel arbitration has been waived by the moving party; grou...

Excerpt: ...omplaint to correct an error in the description of the vehicle. The court reduces the time allocated to amending the complaint by reducing Mr. Brennan's time by 2 hours and deleting $112.50 of Ms. Jones' time, for a reduction of $1,502.50 from the litigation total. Thus, the litigation fees are reduced by $1,502.50, for a total of $17,917.00 allocated to litigation of the matter. The court also reduces the time spent on the present motion. The bi...

Excerpt: ...uests for production has the burden to state specific facts demonstrating good cause justifying the discovery sought. C.C.P. §2031.310(b)(1). To establish good cause, the moving party must demonstrate relevance and specific facts justifying discovery. Kirkland v. Superior Court (Guess? Inc.) (2002) 95 Cal.App.4th 92, 98. The burden to show good cause for production “is met simply by a fact‐specific showing of relevance.” Tbg Ins. Servs. Co...

Excerpt: ...ordinary discovery cut‐off. (Code Civ. Proc., § 2024.020(a)). For discovery concerning designated experts, discovery proceedings must be completed on or before the 15th day, and to have motions concerning that discovery heard on or before the 10th day, before the date initially set for the trial of the action. (Code Civ. Proc., § 2024.030.) A continuance or postponement of the trial date does not operate to automatically reopen discovery proc...

Excerpt: ...missal pursuant to a delay in prosecution. When a nonresident defendant challenges personal jurisdiction the burden shifts to the plaintiff to demonstrate by a preponderance of the evidence that all necessary jurisdictional criteria are met. (Jewish Defense Org. v. Superior Court (1999) 72 Cal.App.4th 1045, 1054‐55.) This burden must be met by competent evidence in affidavits and authenticated documentary evidence. (Id. at 1055.) Once a plainti...

Excerpt: ...er has failed to meet his burden to demonstrate that the Arbitrator committed a manifest abuse of discretion in upholding Petitioner's termination. SUMMARY OF PROCEDURAL FACTS Petitioner was served on June 30, 2020, with a Letter of Intent to Terminate for violation of Article XII, Section 2, of the County of Riverside Terms and Conditions of Employment with the Riverside Sheriff's Department related to a jail incident on June 22, 2019. The Depar...

Excerpt: ...s no defense to the action or proceeding. (Cal Code Civ Proc § 437c(a).) “A defendant's motion for summary judgment should be granted if no triable issue exists as to any material fact and the defendant is entitled to a judgment as a matter of law.” (Kahn v. East Side Union High School Dist. (2003) 31 Cal. 4th 990, 1002‐1003.) “The moving party bears the burden of production to make a prima facie showing of the nonexistence of any triabl...

Excerpt: ...or sanctions is denied. Motion to Compel Production and Responses, Set Two, is denied as to RFP nos. 107‐111, 113‐ 119, 136 as moot. Motion to Compel is denied as to RFP nos. 123‐128, 131‐134 because Plaintiff waived the right to compel by failing to seek further responses to earlier, substantially similar, requests. Motion to Compel is granted as to RFP nos. 129, 130 and 135 because the responses are not compliant with CCP § 2031.240; D...

Excerpt: ...parts in their context. (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 may be inferred from those expressly pleaded, and of any material facts of which judicial notice has been requested and may be taken. (Crowley v. Katleman (1994) 8 Cal.4th 666, 672.) However, a demurrer does not admit contentions, deductions or conclusi...

Excerpt: ... 2030.090(b), 2030.040(b), 2033.080(b).) The moving party has the burden of establishing good cause for a protective order. (Emerson Elec. Co. v. Superior Court (1997) 16 Cal.4th 1101, 1110.) This requires a showing that the burdens involved clearly outweigh whatever benefits are sought. (Code of Civil Procedure, section 2017.020(a).) THE RELEVANCE OF THE SUBJECT DISCOVERY TO THE ALLEGATIONS OF THE FAC ARE NOT APPROPRIATE FOR A MOTION FOR PROTECT...

Excerpt: ... by reading it as a whole and all of its parts in their context. (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 may be inferred from those expressly pleaded, and of any material facts of which judicial notice has been requested and may be taken. (Crowley v. Katleman (1994) 8 Cal.4th 666, 672.) However, a demurrer does not ...

Excerpt: ...ut merit or too general. (CCP § 2031.310(a).) In a motion to compel a further response as to document requests, the moving party must state facts demonstrating good cause justifying the discovery sought by demonstrating relevance and specific facts justifying discovery. (CCP § 2031.310(b)(1); Kirkland v. Sup. Ct. (2002) 95 Cal.App.4th 92, 98.) The burden to show good cause for production “is met simply by a fact‐specific showing of relevanc...

Excerpt: ...ought to be discovered are privileged, protected, or beyond the scope of discovery. (Code Civ. Proc., § 2017.010; Rudnick v. Superior Court (1974) 11 Cal.3d 924, 929.) “At a hearing on a motion to quash, the court must determine whether the party seeking the discovery has made a showing of good cause for the production of said matters and whether the items sought are material and relevant to the case.” (M.C.A. v. State of California (1982) 1...

Excerpt: ... counterpart). A general demurrer lies where the pleading does not state facts sufficient to constitute a cause of action. (CCP § 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 context. (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...

Excerpt: ... showing that 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.) Once such a showing has been made, the burden shifts to the plaintiff to show that a triable issue of one or more material facts exists as to that cause of action or as to a defense to the cause of action. (Aguilar v. At...

Excerpt: ...sts, the moving party must state facts demonstrating good cause justifying the discovery sought by demonstrating relevance and specific facts justifying discovery. (Kirkland v. Sup. Ct. (2002) 95 Cal.App.4th 92, 98.) The burden to show good cause for production “is met simply by a factspecific showing of relevance.” (Tbg Ins. Servs. Corp. v. Sup. Ct. (2002) 96 Cal.App.4th 443, 448.) Once good cause is established, the responding party has the...

Excerpt: ...s an additional two hours of attorney time for preparation of the present motion, for a total award of $7,150.00. The court awards costs on appeal in the amount of $961.00. The court rejects plaintiff's contention that the fees should be reduced because defendant Papp, and not attorney Peterson, prepared Page 7 of 7 the briefing on appeal and performed the work. Plaintiff provides no evidence to support the contention. The prevailing defendant on...

Excerpt: ... allowed to recover under section 1032 includes attorney's fees authorized by contract, statute, or law. (Code Civ. Proc., § 1033.5(a)(10)(A),(B)&(C).) Labor Code section 218.5 states the court “shall award reasonable attorney's fees to the prevailing party…in any action brought for the nonpayment of wages, fringe benefits, or health and welfare or pension fund contributions….” Labor Code section 226(e)(1) also provides for attorney's fe...

Excerpt: ...acts exists as to any of his causes of action, he failed to meet that burden by presenting legally admissible controverting evidence. “A defendant moving for summary judgment has the burden of showing that a cause of action lacks merit because one or more elements of the cause of action cannot be established or there is a complete defense to that cause of action.” (Jones v. Wachovia Bank (2014) 230 Cal.App.4th 935, 945.) Summary judgment lies...

Excerpt: ...om seeking exemplary damages or injunctive relief as remedies. A party may object by demurrer to a complaint on grounds that the pleading does not state facts sufficient to constitute a cause of action. (Cal. Code Civ. Pro. §430.10(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...

Excerpt: ...alth care practitioners who will be asked to express an opinion during the deposition, when such opinion includes opinion or factual testimony regarding the past or present diagnosis or prognosis made by the witness, or the reasons for a particular treatment decision made by the witness. The witness would not be considered to be giving an expert opinion if the testimony requires the witness only to read words and symbols contained in a relevant m...

Excerpt: ... order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect.” (Code Civ. Proc., §473(b).) Section 473, subdivision (b), consists of two distinct parts: “a discretionary provision, which applies permissively, and a mandatory provision, which applies as of right.” (Minick v. City of Petaluma (2016) 3 Cal.App.5th 15, 25‐26.) Under the discretionary relief provision, “on a s...

Excerpt: ...tration unnecessary or create conflicting rulings on common 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/motion to compel must set forth the provisions of the written agreement and the arbitration clause verbatim, or such provisions must be attached and incorporated b...

Excerpt: ... and arguments. A general demurrer under Code of Civil Procedure section 430.10(a)(e) attacks the complaint for failing to state sufficient facts to state a cause of action or lack of subject matter jurisdiction. (McKenney v. Purepac Pharmaceutical Co. (2008) 167 Cal.App.4th 72, 77.) The defects must appear on the face of the document or judicially noticeable matters. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) The “face of the complaint” re...

Excerpt: ...shed that any triable issues exist as to the Medical Malpractice or Loss of Consortium causes of action. The Motion for Summary Judgment is granted. Any party may move for summary judgment in any action or proceeding if it is contended that the action has no merit or that there is no defense to the action or proceeding. (Cal Code Civ Proc § 437c(a).) “A defendant's motion for summary judgment should be granted if no triable issue exists as to ...