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: ...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: ...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: ... 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...

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: ...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: ...eposition notice or a deposition subpoena, the party seeking discovery may move the court for an order compelling that answer or production. [¶] (b) This motion shall be made no later than 60 days after the completion of the record of the deposition, and shall be accompanied by a meet and confer declaration under Section 2016.040.” Timeliness: A motion to compel a deponent to produce documents pursuant to a deposition subpoena must be made wit...

Excerpt: ...lity Control Board (“Regional Board”), challenging the Regional Board's issuance of a corrected investigative order on November 2, 2020 requiring subsurface investigation and remediation at a property in Garden Grove, California (“subject property”). Petitioners contend the Regional Board exceeded its authority and abused its discretion in naming Petitioners as dischargers and refusing to release Petitioners from liability or stay the ord...

Excerpt: ...ing attorney. (Code Civ. Proc. § 473(b).) The Court has permitted Plaintiff to file replies to the untimely oppositions to prevent undue prejudice to Plaintiff. Code of Civil Procedure section 2017.010 states in part, “Unless otherwise limited by order of the court in accordance with this title, any party may obtain discovery regarding any matter, not privileged, that is relevant to the subject matter involved in the pending action or to the d...

Excerpt: ... with the demand is incomplete. [¶] (2) A representation of inability to comply is inadequate, incomplete, or evasive. [¶] (3) An objection in the response is without merit or too general. [¶] (b) A motion under subdivision (a) shall comply with each of the following: [¶] (1) the motion shall set forth specific facts showing good cause justifying the discovery sought by the demand. [¶] (2) The motion shall be accompanied by a meet and confer...

Excerpt: ...0, without having served a valid objection under Section 2025.410, fails to appear for examination, or to proceed with it, or to produce for inspection any document, electronically stored information, or tangible thing described in the deposition notice, the party giving the notice may move for an order compelling the deponent's attendance and testimony, and the production for inspection of any document, electronically stored information, or tang...

Excerpt: ...rn Cal. Rapid Trans. Dist. (1985) 40 Cal.3d 780, 795, 221 Cal.Rptr. 840, 710 P.2d 907), a rule plaintiffs' fourth amended complaint satisfies, we cannot conclude, as we concluded in Central Pathology when considering section 425.13's application to common law intentional torts, that the Legislature intended the statute to apply in an action under the Elder Abuse Act.” Neglect is defined in Wel. & Inst. Code §15610.57(a) states: ““Neglect�...

Excerpt: ...dants' demurrer as to the Fourth Cause of Action for fraud, deceit and misrepresentation for failure to satisfy the particularity requirements for pleading the claim. On January 3, 2022, Plaintiff filed a Second Amended Complaint setting forth the same causes of action, but with amended allegations. Plaintiff alleges she was given personal checks from Defendant Chau for some of her wages, and ordered by him to cash the checks and give portions of...

Excerpt: .... STANDARD OF LAW “A defendant, on or before the last day of his or her time to plead or within any further time that the court may for good cause allow, may serve and file a notice of motion . . . [t]o quash service of summons on the ground of lack of jurisdiction of the court over him or her.” (CCP § 418.10(a)(1).) “On a motion to quash service of summons, the plaintiff bears the burden of proving by a preponderance of the evidence that ...

Excerpt: ...the information sought to be discovered. ¶ (2) An exercise of 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...

Excerpt: .../or defective construction he fell and injured himself. Plaintiff alleges Defendants failed to warn regarding the dangerous condition. Plaintiff was then employed by Air Control Systems, Inc. (ACSI), and was in the course and scope of his employment when the incident occurred. Defendants hired ACSI to service HVAC equipment, access to which was through a crawlspace. As Plaintiff went through the crawlspace area he stepped onto a hatch (which prov...

Excerpt: ...th Cause of Action for Injunctive Relief alleged in the Fourth Amended Complaint (“4AC”) filed by Plaintiffs Gregg and Melanie Linn are OVERRULED, in part, and SUSTAINED, in part, with 20-days leave to amend. Defendant Starkey's request for judicial notice of Exhibit 1 through 4 is GRANTED. Starkey demurs to the 4AC on the grounds the second, third, fourth, fifth, eighth, ninth, and eleventh causes of action are uncertain and fail to state fa...

Excerpt: ...iling of a complaint or anytime thereafter, a plaintiff may apply for a right to attach order and writ of attachment. (Code Civ. Proc. § 484.010.) Following a hearing on the application, the court shall issue a right to attach order if it finds all of the following: (1) The claim upon which the attachment is based is one upon which an attachment may be issued; (2) The plaintiff has established the probable validity of the claim upon which the at...