Excerpt: ... v. Farmers Group (1996) 48 Cal.App.4th 471, 487.) “Although courts are bound to apply a policy of great liberality in permitting amendments to the complaint at any stage of the proceedings, up to and including trial [citations], this policy should be applied only ‘where no prejudice is shown to the adverse party . . . . [citation]. A different result is indicated ‘where inexcusable delay and probable prejudice to the opposing party' is sho...

Excerpt: ...nd 452. Overview of Relevant Law The objection that a complaint does not state facts sufficient to constitute a cause of action is normally raised at an early stage in the proceedings by a general demurrer. However, a general demurrer is not the only procedural device available for this purpose, and it is possible to raise the objection more than once by different methods. The most common alternative method is a motion at the trial, or prior to t...

Excerpt: ...stant action on October 12, 2016, against Defendant Brandon Forsberg (“Defendant”) alleging auto negligence. Plaintiff alleged that on October 14, 2015, she was injured when Defendant negligently rear-ended her. Legal Standard Motion for Leave to File Amended Complaint Amendment once as a matter of course is permitted any time before the answer or demurrer is filed. (Code Civ. Proc., § 472(a).) After that “the court may, in its discretion ...

Excerpt: ...�) and Raymond Verduzco (“Raymond”) (collectively, “Defendants”) on October 4, 2016. At the trial setting conference, trial was scheduled for February 21, 2017. Defendants failed to appear on the trial date of February 21, 2017, and a prove-up hearing was held. At the prove up hearing, Plaintiff contends that judgment was granted against both Defendants Sara Verduzco and Raymond Verduzco, and that possession of the motor vehicle was award...

Excerpt: ...er. The Court declines to impose sanctions on Plaintiff and its counsel as requested by Defendant. Legal Standard A motion to compel further responses to a demand for inspection “shall set forth specific facts showing good cause justifying the discovery sought by the demand.” (CCP §2031.310(b)(1).) Once the party who seeks to compel production has met its burden of showing good cause, the burden shifts to the resisting party to justify its o...

Excerpt: ...nitial pleading. (CCP § 403.040(a).) If the motion is made after the time for the plaintiff to amend the pleading, the motion may only be granted if (1) the case is incorrectly classified; and (2) the plaintiff shows good cause for not seeking reclassification earlier. (CCP § 403.040(b).) In Walker v. Superior Court (1991) 53 Cal.3d 257, 262, the California Supreme Court held that a matter may be reclassified from unlimited to limited only if i...

Excerpt: ...nt motion to vacate the default judgment on May 18, 2017. The judgment was timely renewed on April 15, 2014. Defendant filed the instant motion to vacate the default judgment on January 9, 2017. The hearing was initially set for June 12, 2017, but continued by the court to allow Plaintiff to provide a courtesy copy of its opposition papers. Discussion Defendant moves to vacate the default judgment pursuant to CCP section 473 on the grounds that s...

Excerpt: ...) At the end of the hearing, Defendant's President and CEO, James Cowherd, informed Banks of Defendant's new address at 3125 West Ali Baba Lane, Las Vegas, Nevada (“Ali Baba address”) and that Defendant's old addresses at Commercial Way and East Patrick Lane were no longer valid. (Id. at ¶3 and Exh. A.) This request was made on the record and confirmed on the record by Banks. (Ibid; Bret Decl., ¶4 and Exh. E-G.) <0056000300490044005900 0055...

Excerpt: ... that Petitioner did not attach a copy of the reservation receipt to the October notice, despite including the Reservation ID on the first page. The December 12, 2017 notice includes the receipt on the last page and, without explanation, has photos attached. Neither notice, however, includes the Court-ordered proof of service. On this ground alone, the Petition must be denied. Whether Respondent is Bound to Current Rules and Regulations Petitione...

Excerpt: ...ds that the proof of service of the Petition, filed on March 13, 2017, did not demonstrate personal service on Respondent, or diligence for purposes of substitute service. Petitioners were ordered to file a proof of service demonstrating proper personal or substitute service of the Petition on Respondent by May 1, 2017. Petitioners were further ordered to give notice of the new hearing date and file proof of service of the same by May 1, 2017. At...

Excerpt: ... December 21, 2017, no opposition has been filed. Overview of Relevant Law A demurrer is a pleading used to test the legal sufficiency of other pleadings. It raises issues of law, not fact, regarding the form or content of the opposing party's pleading. It is not the function of the demurrer to challenge the truthfulness of the complaint; and for purpose of the ruling on the demurrer, all facts pleaded in the complaint are assumed to be true, how...

Excerpt: ...of Service.) On November 30, 2017, Lark filed a Demurrer to the Complaint, arguing that Plaintiff fails to allege sufficient facts to constitute a cause of action against him. As of December 26, 2017, no opposition has been filed. Legal Standard “A demurrer tests the legal sufficiency of the factual allegations in a complaint.” (Ivanoff v. Bank of America, N.A. (2017) 9 Cal.App.5th 719, 725.) The Court looks to whether “the complaint allege...

Excerpt: ...responses to the discovery be made. (Mot. Ex. B, C). Defendant indicates that no responses have been received. Based on the foregoing, Defendant is entitled to an order compelling Plaintiff to respond to the form and special interrogatories and requests for production propounded by Defendant. <001c001300030044005100 00130013000300440051>d have been properly noticed. Defendant requests sanctions in the amount of $960.00 per motion, or $2,880.00 in...

Excerpt: ...n attesting to those efforts. (CCP § 2030.300(b).) “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.) A discovery motion should not be denied automatically based upon the reason that the moving parties failed to meet and confer in good faith. (Obregon v. Superior Court (1998) 67 Cal.App.4th 424...

Excerpt: ...amount of $4,000 in damages and no attorney's fees. Plaintiff appealed the attorney's fees portion of the default judgment, and the Court of Appeals reversed, holding that the award of no attorney's fees was an abuse of discretion and remanded this action for this Court to determine a reasonable amount of attorney's fees. <0003004900520055000300 00030024005700570052[rney's Fees (the “Motion”). As of December 26, 2017, no opposition or reply h...

Excerpt: ...ave to File Cross-Complaint against the driver of Plaintiff's vehicle, Vagan Gukasyan (“Gukasyan”), who is a nonparty to this action. The proposed cross-complaint asserts causes of action for (1) indemnity, (2) apportionment, and (3) declaratory relief. As of December 26, 2017, no opposition has been filed. Legal Standard The Court may, in its discretion and after notice to the adverse party, allow, upon any terms as may be just, an amendment...

Excerpt: ...ny objection to the interrogatories, including one based on privilege or on the protection for work product under Chapter 4 (commencing with Section 2018.010).” Background This is a personal injury action arising from a car and bicycle collision. On August 12, 2016, Plaintiff Daniel Brito ("Plaintiff") filed a complaint against Defendants Israel T. Osorio (“Osorio”) and Daisy L. Rivera (“Rivera”) (collectively “Defendants”),...

Excerpt: ...respondingly extended based upon new trial date. Background On October 2, 2014, Insured Martin Villegas and Defendant Michael Douglas (“Defendant”) were involved in an automobile accident where Martin Villegas was in the course and scope of his employment as a landscaper for Centeno S. Landscaping, Co. On September 8, 2016, Plaintiff Insurance Company of the West (“Plaintiff”) filed a Complaint for subrogation recovery against Defendant. ...

Excerpt: ...cle collision and injured one of its insured. On March 2, 2017, Defendant filed an Answer. On August 30, 2017, Plaintiff served a Request for Admissions, Set One on Defendant. (Trabish Decl. ¶ 2, Exh. 1, Proof of Service.) Plaintiff has not received a discovery response to the Request for Admissions from Defendant. (Id. ¶ 3.) On October 25, 2017, Plaintiff filed a Motion for Order Deeming Plaintiff's Request for Admissions as Admitted (the “M...

Excerpt: ...of-contract action against Defendants Vees Café, LLC (“VCL”) and Hector Aquino (“Aquino”). On November 23, 2015, VCL and Aquino (“Defendants/ Cross-Complainants”) filed a Cross-Complaint against Luis, Lopez, and Gomez (collectively, “Plaintiffs/Cross-Defendants”) On December 12, 2017, Defendants/Cross-Complainants filed a Motion to Disqualify Attorney Marc I. Zussman and his Law Offices and Request for Sanctions Against Attorney ...

Excerpt: ...ed jurisdiction courts may only challenge pleadings on the basis that “the damages or relief sought are not supported by the allegations of the complaint.” (Code Civ. Proc., § 92(d).) A motion to strike is used to address defects that appear on the face of a pleading or from judicially noticed matter but that are not grounds for a demurrer. (Pierson v Sharp Memorial Hospital (1989) 216 Cal.App.3d 340, 342; see also City & County of San Franc...

Excerpt: ...dman caused the Sheriff to levy $10,143.00 from a bank account at Wells Fargo Bank that was jointly owned by Third-Party Claimant Dona Powell (“Powell”) and her son, Defendant Solomon. On April 7, 2017, Powell filed a third-party claim of exemption in which Powell declared that all of the funds in the account belonged to her; and that Solomon was added to the account only as a “joint tenant” in the event of her death, but that the funds d...

Excerpt: ...has not resulted in actual notice to a party in time to defend the action.” Relief must be sought “within a reasonable time, but in no event exceeding” two years after entry of the default judgment or 180 days after service of written notice that the default or default judgment has been entered, whichever is earlier. Defendant's motion is not timely under this statute. CCP § 473(d) provides that “[t]he court may . . . on motion of either...

Excerpt: ...��Valerie Avelar, aka Valerie Jauregui, and Does 1-10, inclusive,” but the case number reflects the case number for the instant case. Plaintiff now moves to set aside the dismissal pursuant to CCP § 473(b),(d), based on the mistake of counsel in writing the incorrect case number on the form. Whenever an application for relief is made no more than six months after entry of judgment, is in proper form, and is accompanied by an attorney's sworn a...

Excerpt: ...017 reverses the judgment ofthe trial court and leaves to the trial court, upon remand, to calculate the precise amount of rent Defendant is to pay as part of the conditional settlement to be entered in her favor Plaintiff PLB Management, LLC ("Plaintiff) appealed an underlying unlawful detainer judgment arguing that the judgment failed to state the correct adjusted rent Defendant Tanya Santiago ('Defendant") was required to pay due to a breach o...