Excerpt: ...laintiff's Form Interrogatories - General, Set One is GRANTED as to Form Interrogatories Nos. 1.1 and 12.2 and DENIED as to Form Interrogatory No. 12.6. Plaintiff Michael Frazier's Motion to Compel Further Responses to Plaintiff's Form Interrogatories – Employment Law, Set One is GRANTED as to Form Interrogatories – Employment Law, Set One Nos. 209.2, 215.1, 215.2, 216.1, and 217.1. Defendant need only include civil actions filed within the l...

Excerpt: ...itute a cause of action. A demurrer tests the legal sufficiency of the factual allegations in a complaint. City of Los Angeles v. City of Los Angeles Employee Relations Bd. (2016) 7 Cal.App.5th 150, 158 [212 Cal.Rptr.3d 416, 7 Cal.App.5th 150, 158]; Linda Vista Village San Diego Homeowners Assn., Inc. v. Tecolote Investors, LLC (2015) 234 Cal.App.4th 166, 179 [183 Cal.Rptr.3d 521]. The function of a demurrer is not to test the truth or accuracy o...

Excerpt: ...in the instant action filed on July 28, 2020, the court's April 23, 2021 Minute Order denying Defendant's Motion for Summary Judgment, and the Court of Appeal, Second Appellate District, Division Five's June 4, 2021 Order denying Defendant's Petition for Writ of Mandate with respect to the order denying Defendant's Motion for Summary Judgment. The request is GRANTED as to the existence and legal effect of these documents. (Evid. Code § 452(d).) ...

Excerpt: ...of action as a separate claim. The motion to strike is GRANTED as to paragraphs 71 and 81 and DENIED as to paragraph 90 and the prayer for punitive damages. The motion is MOOT as to paragraph 115. Meet and Confer Defendants submitted the declaration of Patty Chen, which satisfies the requirements of Code of Civil Procedure sections 430.41 and 435.5 by demonstrating Plaintiff did not respond to a meet and confer request. (Code Civ. Proc. §§ 430....

Excerpt: ...f Los Angeles Employee Relations Bd. (2016) 7 Cal.App.5th 150, 158 [212 Cal.Rptr.3d 416, 7 Cal.App.5th 150, 158]; Linda Vista Village San Diego Homeowners Assn., Inc. v. Tecolote Investors, LLC (2015) 234 Cal.App.4th 166, 179 [183 Cal.Rptr.3d 521]. The function of a demurrer is not to test the truth or accuracy of the facts alleged in the complaint; instead, the judge must assume the truth of all properly pleaded factual allegations. A demurrer i...

Excerpt: ...nstitute a cause of action. A demurrer tests the legal sufficiency of the factual allegations in a complaint. City of Los Angeles v. City of Los Angeles Employee Relations Bd. (2016) 7 Cal.App.5th 150, 158 [212 Cal.Rptr.3d 416, 7 Cal.App.5th 150, 158]; Linda Vista Village San Diego Homeowners Assn., Inc. v. Tecolote Investors, LLC (2015) 234 Cal.App.4th 166, 179 [183 Cal.Rptr.3d 521]. The function of a demurrer is not to test the truth or accurac...

Excerpt: ...Kiupelian and Vardan Kiupelian currently have no standing to object to the complaint. Defendant demurrers to the first and second causes of action for malicious prosecution and abuse of process on the grounds the complaint fails to state facts sufficient to constitute a cause of action. A demurrer tests the legal sufficiency of the factual allegations in a complaint. City of Los Angeles v City of Los Angeles Employee Relations Bd. (2016) 7 Cal.Ap...

Excerpt: ... review and comply with the court's First Amended General Order – Mandatory Electronic for Civil that requires all e-filed documents to be electronically filed in PDF, text searchable format when technologically feasible without impairment of the document's image and to be bookmarked in accordance with the instructions in the First Amended General Order, ¶ 6. Motion for Protective Order The parties are entitled to seek discovery of non-privile...

Excerpt: ...ims on the ground they are barred due to lack of privity. Standard Any party may move for summary judgment in any action or proceeding if the party contends that (1) the action or proceeding has no merit or (2) there is no defense to the action or proceeding. CCP § 437c(a). A cause of action has no merit if one or more of the elements of the cause of action cannot be separately established, even if that element is separately pleaded, or a defend...

Excerpt: ...r common counts on the ground it fails to state facts sufficient to constitute a cause of action and on statute of limitations grounds. A demurrer tests the legal sufficiency of the factual allegations in a complaint. City of Los Angeles v City of Los Angeles Employee Relations Bd. (2016) 7 Cal.App.5th 150, 158; Linda Vista Village San Diego Homeowners Ass'n, Inc. v Tecolote Investors, LLC (2015) 234 Cal.App.4th 166, 179. The function of a demurr...

Excerpt: ..., code compliant responses to form interrogatory 17.1 within 20 days. Form interrogatory 17.1 asks Defendants to state whether their responses to each request for admission served with these interrogatories is an unqualified admission and, if not, for each responses that is not an unqualified admission: (a) state the number of the request; (b) state all facts upon which you base your response; (c) state the names, ADDRESSES, and telephone numbers...

Excerpt: ...ling Cross-Defendant is in violation of the General Order re mandatory e-filing. The parties are directed to review and comply with the court's First Amended General Order – Mandatory Electronic for Civil that requires all efiled documents to be electronically filed in PDF, text searchable format when technologically feasible without impairment of the document's image and to be bookmarked in accordance with the instructions in the First Amended...

Excerpt: ...r Plaintiffs Michael and John Nash filed this action against defendant Rosie Williams alleging defendant used undue influence and duress to obtain a quit claim deed from their mother, Beatrice Perry, for real property located at 447-447 ½ East 47 th Street in Los Angeles, CA (Subject Property) (Complaint, ¶¶ 4,7). The quit claim deed was executed on August 21, 2004 (Complaint, ¶7; Exh. A). Beatrice Perry passed away on September 15, 2004 (Com...

Excerpt: ...t and/or are uncertain, ambiguous and unintelligible. A demurrer tests the legal sufficiency of the factual allegations in a complaint. City of Los Angeles v City of Los Angeles Employee Relations Bd. (2016) 7 Cal.App.5th 150, 158; Linda Vista Village San Diego Homeowners Ass'n, Inc. v Tecolote Investors, LLC (2015) 234 Cal.App.4th 166, 179. The function of a demurrer is not to test the truth or accuracy of the facts alleged in the complaint; ins...

Excerpt: ...22 at 8:30 a.m. Defendant seeks a continuance of trial currently set on March 7, 2022 to at least October 24, 2022, or in the alternative, a stay of this action pending completion of the corresponding criminal action. “To ensure the prompt disposition of civil cases, the dates assigned for a trial are firm. All parties and their counsel must regard the date set for trial as certain.” (CRC 3.1332(a); see also CRC 3.1332(c). Further, the Delay ...

Excerpt: ...cedure §430.10(e) and is barred as a matter of law by the Economic Loss Rule and the sixth cause of action for negligent repair on the grounds it fails to state facts sufficient to constitute a cause of action under Code of Civil Procedure §430.10(e) and is barred as a matter of law by the Economic Loss Rule. A demurrer tests the legal sufficiency of the factual allegations in a complaint. City of Los Angeles v City of Los Angeles Employee Rela...

Excerpt: ...lanning for which precondemnation damages liability cannot attach, and (3) there has been no unreasonable delay by LACMTA following an announcement to condemn. “If there is a dispute between plaintiff and defendant over an evidentiary or other legal issue affecting the determination of compensation, either party may move the court for a ruling on the issue. The motion shall be made not later than 60 days before commencement of trial on the issu...

Excerpt: ...entiary Objections The following objections are sustained: Declaration of Julia C. Reichert: 3, 5, 6, 7, 8, and 9. Deposition of Oscar Agundez: 10 and 11. Deposition of Angel Rodriguez: none. Deposition of Efren Sierra: none. Deposition of Alexandria Carlos: none. Deposition of Wesley Hashimoto: 42. Deposition of Christopher Cuyler: 43. Declaration on Kecia Bailey: 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, and 61. All remaining objections are o...

Excerpt: ...Inc. (1999) 20 Cal.4th 1103, 1108. Assuming the “prevailing party” requirements are met, the trial court has no discretion to order each party to bear his or her own costs of suit. Michell v. Olick (1996) 49 Cal.App.4th 1194, 1198; Nelson v. Anderson (1999) 72 Cal.App.4th 111, 129. The term “prevailing party” for costs purposes is defined by statute to include:  The party with a net monetary recovery;  A defendant who is dismissed f...

Excerpt: ... 16, 2022 at 8:30 a.m. A demurrer tests the legal sufficiency of the factual allegations in a complaint. City of Los Angeles v City of Los Angeles Employee Relations Bd. (2016) 7 Cal.App.5th 150, 158; Linda Vista Village San Diego Homeowners Ass'n, Inc. v Tecolote Investors, LLC (2015) 234 Cal.App.4th 166, 179. The function of a demurrer is not to test the truth or accuracy of the facts alleged in the complaint; instead, the judge must assume the...

Excerpt: ...y No. 2: County Policy of Equity Complaint by Others Related to Treatment of Plaintiff by Rothe and/or Mee Category No. 3: Los Angeles County Sheriff Internal Affairs Bureau Investigation No.21508005 Category No. 4: Frank Rothe Disciplinary Records re: Discrimination, Harassment, and/or Hostile Work Environment Complaints Category No. 5: James Mee Disciplinary Records re: Discrimination, Harassment, and/or Hostile Work Environment Complaints Ther...

Excerpt: ...es of action is GRANTED. Cross Complainant's motion for summary adjudication of the fourth and fifth causes of action is DENIED. Cross Complainant's motion for summary judgment is DENIED. The court sets an OSC re Dismissal of Unserved Cross-Defendant and an OSC re Entry of Judgment on February 18, 2022 at 8:30 a.m. Standard The function of a motion for summary judgment or adjudication is to allow a determination as to whether an opposing party ca...

Excerpt: ...ce of the following: 1. The Verified Cross-Complaint filed in this action by Friend on or about October 1, 2020; 2. The Verified Complaint filed in this action by Glen Haven on or about August 11, 2020; and 3. The Verified Answer of Glen Haven to the Verified Cross-Complaint filed in this action. Plaintiff's Request for Judicial Notice Plaintiff's request for judicial notice is GRANTED. The court takes judicial notice of the following: l. The Qui...

Excerpt: ...ts the legal sufficiency of the factual allegations in a complaint. City of Los Angeles v City of Los Angeles Employee Relations Bd. (2016) 7 Cal.App.5th 150, 158; Linda Vista Village San Diego Homeowners Ass'n, Inc. v Tecolote Investors, LLC (2015) 234 Cal.App.4th 166, 179. The function of a demurrer is not to test the truth or accuracy of the facts alleged in the complaint; instead, the judge must assume the truth of all properly pleaded factua...

Excerpt: ...vels, unlawful detainer action, Los Angeles County Superior Court Case No. 18STUD02262; 2. Otha Nevel's Amended Answer in the 437-443 Hartford, LLC v. Otha Nevels, unlawful detainer action, Los Angeles County Superior Court Case No. 18STUD02262; 3. Unlawful Detainer Stipulation and Judgment dated March 20, 2018 in the 437-443 Hartford, LLC v. Otha Nevels, unlawful detainer action, Los Angeles County Superior Court Case No. 18STUD02262; and 4. Oth...