Excerpt: ...the party's option to produce writings. ¶ (3) An objection to the particular interrogatory.” If a timely motion to compel has been filed, the burden is on the responding party to justify any objection or failure fully to answer the interrogatories. (Coy v. Sup.Ct. (1962) 58 Cal.2d 210, 220-221; Fairmont Ins. Co. v. Sup.Ct. (2000) 22 Cal.4th 245, 255.) “Unless otherwise limited by order of the court … any party may obtain discovery regardin...

Excerpt: ...5th 989, 996.) The Court must determine “whether the complaint alleges facts sufficient to state a cause of action or discloses a complete defense.” (Id.) The Court assumes “the truth of the properly pleaded factual allegations, facts that reasonably can be inferred from those expressly pleaded and matters of which judicial notice has been taken.” (Id.) “A demurrer must dispose of an entire cause of action to be sustained.” (Fremont I...

Excerpt: ...of action has not merit, that there is no affirmative defense to the cause of action, that there is no merit to an affirmative defense as to any cause of action, that there is no merit to a claim for damages, as specified in Section 3294 of the Civil Code, or that one or more defendants either owed or did not owe a duty to the plaintiff or plaintiffs. A motion for summary adjudication shall be granted only if it completely disposes of a cause of ...

Excerpt: ...iability for the plaintiff's injuries.” (Tech-Bilt, Inc. v. Woodward-Clyde & Assocs. (1984) 38 Cal.3d 488, 499.) In making such a determination, the court considers the following factors: (1) a rough approximation of plaintiffs' total recovery and the settlor's proportionate liability; (2) the amount paid in settlement; (3) the allocation of settlement proceeds among plaintiffs; (4) the recognition that a settlor should pay less in settlement t...

Excerpt: ...c Performance; (4) Conversion; (5) Permanent Injunction; (6) Fraud; (7) Negligent Misrepresentation; (8) Breach of Covenant of Quiet Enjoyment of the Premises; (9) Elder Abuse; (10) Intentional Infliction of Emotional Distress; and (11) Negligent Infliction of Emotional Distress. The Complaint alleges Plaintiffs and Defendants entered into a written lease agreement concerning a property owned by Defendants, which was amended with a lease option a...

Excerpt: ...ar, Chad Raymond and Kaila Raymond (collectively, “Plaintiffs” or “Cross-Defendants”), filed this action against Defendant Dawna Ludwig (“Defendant” or “Cross-Complainant”) asserting claims for financial elder abuse/constructive fraud, fraudulent and sham marriage, conversion/constructive trust and declaratory relief. On May 4, 2018, Defendant filed an unverified cross-complaint against Plaintiffs alleging claims of financial elde...

Excerpt: ...quired to be licensed. Thus, Cross-Defendant contends Cross- Complainant's action is barred by Bus. & Prof. Code, § 7031(a). Code Civ. Proc. § 438 (c)(1)(B) states: “If the moving party is a defendant, that either of the following conditions exist: ¶ (i) The court has no jurisdiction of the subject of the cause of action alleged in the complaint. ¶(ii) The complaint does not state facts sufficient to constitute a cause of action against tha...

Excerpt: ...forming those duties and earns a monthly salary equivalent to no less than two times the state minimum wage for full-time employment.” Exempt executive employees' duties involve “the management of the enterprise in which he/she is employed or of a customarily recognized department or subdivision.” (Cal. Code Regs., tit. 8, § 11070, subd. 1(A)(1)(a).) Exempt administrative employees' duties involve “non-manual work directly related to man...

Excerpt: ... struck the Answer on 3-22- 21 and set a Default Prove-up Hearing. Then Plaintiff requested Entry of Default on 6-18-21. Defendants technically are not requesting to vacate the correct “events” and the court generally cannot grant relief different than what is requested in the notice of motion. (People v. American Sur. Ins. Co. (1999) 75 Cal.App.4th 719, 427-428; Luri v. Greenwald (2003) 107 Cal.App.4th 1119, 1124.) Defendants have not submit...

Excerpt: ...gaps raised by the opposition or goes to the admissibility of evidence submitted in opposition to the motion, however, the evidence may be properly considered. (Jay v. Mahaffey (2013) 218 Cal. App. 4th 1522, 1538 [“[t]o the extent defendants argue they had the right to file any reply declarations at all, they are not wrong. Such declarations, however, should not have addressed the substantive issues in the first instance, but only filled gaps i...

Excerpt: ...thin 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 has no merit, that there is no affirmative defense to the cause of action, that there is no merit to an affirmative defense as to any cause of action, that there is no merit to a claim for damages . . . , or that one or more defendants either owed or did not owe a duty to the plaintiff or ...

Excerpt: ...tatute, a cause of action for or against a person is not lost by reason of the person's death, but survives subject to the applicable limitations period. [¶] (b) This section applies even though a loss or damage occurs simultaneously with or after the death of a person who would have been liable if the person's death had not preceded or occurred simultaneously with the loss or damage.” “Unlike a cause of action for wrongful death, a survivor...

Excerpt: ...f Action; Newfront as to the Third, Fourth, Fifth, Ninth and Tenth Causes of Action; and, M. Tsai as to the First, Second, Sixth, Seventh, Eighth, Ninth and Tenth Causes of Action. “A demurrer tests the pleading alone, and not the evidence or the facts alleged. . . . To the extent there are factual issues in dispute, however, this court must assume the truth not only of all facts properly pled, but also of those facts that may be implied or inf...

Excerpt: ...er is itself admissible in evidence or appears reasonably calculated to lead to the discovery of admissible evidence.” The California Constitution recognizes an individual's right to privacy in their medical and mental health records. Cal. Constitution Article 1, Section 1. “'“A person's medical profile is an area of privacy infinitely more intimate, more personal in quality and nature than many areas already judicially recognized and prote...

Excerpt: ...nd county, or city, or a corporation doing business in the latter, shall be, on motion of either party, transferred for trial to a county, or city and county . . . other than that in which the plaintiff is situated, if the plaintiff is a city ... and other than that in which the defendant resides, or is doing business, or is situated.” [emphasis added] This venue transfer statute applies to cross-complaints. (Metro. Transit Sys. v. Superior Ct....

Excerpt: ...court, for good cause shown, may make any order that justice requires to protect any party, deponent, or other natural person or organization from unwarranted annoyance, embarrassment, or oppression, or undue burden and expense. This protective order may include, but is not limited to, one or more of the following directions: (1) That the deposition not be taken at all. . . .” Defendant National Life Insurance Company has noticed the deposition...

Excerpt: ...d Complaint within fourteen (14) days of notice of this ruling. IT IS FURTHER ORDERED THAT attorney's fees in the amount of $9,875.00 for preparing and filing for default are awarded to Plaintiffs and payable by HOA Defendants within thirty (30) days of notice of this ruling. STANDARD OF LAW “The court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding ta...

Excerpt: ...– set one, and requests for admissions – set one. After several extensions, Defendant served responses on 4/9/21. While the parties made some attempts to meet and confer, it appears to the Court that most of the disputes raised in motions 1-4 could have been resolved if counsel for the parties engaged in a thorough, good faith meet and confer process. The Court encourages counsel for both parties to engage in further meet and confer, includin...

Excerpt: ...dure § 2031.310(b)(2).) Code of Civil Procedure § 2016.040 provides that “[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.” “The Discovery Act requires that, prior to the initiation of a motion to compel, the moving party declare that he or she has made a reasonable and good faith attempt to obtain an inform...

Excerpt: ...avor bears the burden of persuasion thereon. (See Evid.Code, § 500.) There is a triable issue of material fact if, and only if, the evidence would allow a reasonable trier of fact to find the underlying fact in favor of the party opposing the motion in accordance with the applicable standard of proof.” (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850.) A defendant moving for summary judgment must “show” that either one or more...

Excerpt: ...of notice of this ruling. As a side matter, the Court notes the Opposition by Thomas Marks and Deborah Marks was untimely filed after Plaintiffs had filed their reply brief and after the deadline for opposing this Motion. (CCP § 1005(b); oppositions are due nine court days before the hearing for a motion.) However, even consideration of the Marks' opposition would not change the outcome of this ruling. STANDARD OF LAW “A party may amend its pl...

Excerpt: ...9. Defendant is ordered to provide the responses as agreed no later than 4-4-22. Should Defendant provide responses, Plaintiff is to withdraw the motion by 5-2-22. Plaintiff to give notice. Motion to Compel Further Responses to Special Interrogatories Plaintiff Gail Parish's Motion to Compel Further Responses to Special Interrogatories against Defendant Sun Mar Management is CONTINUED to 5-9-22 at 1:45 p.m. in Dept. C15. Plaintiff Gail Parish fil...

Excerpt: ...at Defendant opposed the motion, the Court decides to hear the motion on the merits. A party may waive defective service or insufficient notice by appearing at the hearing and arguing the merits of the motion. Thus, if a party believes a motion is improperly served or presents procedural defects, that party should either file an opposition stating any such objections, or appear at the hearing, object to the hearing, and request a continuance. (Ca...

Excerpt: ... 20 Cal. App. 5th 989, 996.) The Court must determine “whether the complaint alleges facts sufficient to state a cause of action or discloses a complete defense.” (Id.) The Court assumes “the truth of the properly pleaded factual allegations, facts that reasonably can be inferred from those expressly pleaded and matters of which judicial notice has been taken.” (Id.) “A demurrer must dispose of an entire cause of action to be sustained....

Excerpt: ...ction…”(Demurrer: 3:6-8). However, as the First through Fourth Causes of Action are asserted against all Defendants, a challenge directed to the Complaint in whole, required analysis of these claims. (Warren v. Atchison, T. & S.F. Ry. Co. (1971) 19 Cal.App.3d 24, 36). As Defendants offer no analysis of the Second, Third or Fourth Causes of Action, the Demurrer to the First Amended Complaint in whole, fails: “Every brief should contain a leg...