Excerpt: ... Civ. Proc. § 2031.010, subd. (a).) The responding party must respond to the production demand either by complying, by representing that the party lacks the ability to comply, or by objecting to the demand. (Code Civ. Proc., § 2031.210.) The demanding party may move for an order compelling further response to the demand if the demanding party deems that (1) a statement of compliance with the demand is incomplete, (2) a representation of inabili...

Excerpt: ...court has set a date for trial.” (Code Civ. Proc., § 428.50(a) –(b).) A cross-complaint filed outside either of the aforementioned times requires leave of court, which may be granted “in the interest of justice at any time during the court of the action.” (Code Civ. Proc., § 428.50(c).) A party who fails to plead a cause of action subject to the requirements of this article, whether through oversight, inadvertence, mistake, neglect, or ...

Excerpt: ...ath.” (Code Civ. Proc., § 2030.010(a).) If a propounding party is not satisfied with the response served by a responding part y, the former may move the court to compel further interrogatory responses. (Code Civ. Proc., § 2030.300; Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 403.) The propounding party must demonstrate that the responses were incomplete, inadequate or evasive, or that the ...

Excerpt: ...vocating, a pleading, petition, written notice of motion, or other similar paper, an attorney or unrepresented party is certifying that to the best of the person's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, all of the following conditions are met: (1) It is not being presented primarily for an improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost...

Excerpt: ... However, the ruling on this social media policy does not foreclose Boger's own testimony concerning the existence of another policy during the relevant period. ( See Contreras Decl. Exh. 2 at p. 114. The objections to the police report and criminal complaint against Young are SUSTAINED to the extent that they are introduced for the truth of any content contained within them, but are OVERRULED to the extent they demonstrate to the existence of th...

Excerpt: ...er res pect; and may, upon like terms, enlarge the time for answer or demurrer. The court may likewise, in its discretion, after notice to the adverse party, allow, upon any terms as may be just, an amendment to any pleading or proceeding in other particulars; and may upon like terms allow an answer to be made after the time limited by this code. “The trial court has discretion to permit or deny the amendment of the complaint, but instances jus...

Excerpt: ... court may likewise, in its discretion, after notice to the adverse party, allow, upon any terms as may be just, an amendment to any pleading or proceeding in other particulars; and may upon like terms allow an answer to be made after the time limited by this code. “The trial court has discretion to permit or deny the amendment of the complaint, but instances justifying the court's denial of leave to amend are rare.” ( Armenta ex rel. Cit...

Excerpt: ...nswered under oath.” (Code Civ. Proc., § 2030.010(a).) If a propounding party is not satisfied with the response served by a responding party, the former may move the court to compel further interrogatory responses. (Code Civ. Proc., § 2030.300; Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 403.) The propounding party must demonstrate that the responses were incomplete, inadequate or evasive...

Excerpt: ... Sims and Panjwani are OVERRULED. Both Sims and Panjwani present adequate foundation in personal knowledge, based on their positions and ordinary job duties, for their familiarity with the policies and practices of the Probation Department's Disability Management and Compliance Unit (or Return- to-Work Unit). Plaintiff does offer meritorious objections to portions of these declarations, to the extent they purport to rely on records related to Pla...

Excerpt: ...quests for production. Plaintiff John Gross' Motion to Compel Deposition of Brandon Sangster is GRANTED, and Sangster's deposition and document production is directed to take place on or before August 8, 2024. I. MOTION TO COMPEL DEPOSITION A party may make a motion compelling a witness's deposition “after service of a deposition notice” if that witness “fails to appear for examination, or to proceed with it.” (Code Civ. Proc. § 2025.450...

Excerpt: ...ories to be answered under oath.” (Code Civ. Proc., § 2030.010(a).) If a propounding party is not satisfied with the response served by a responding part y, the former may move the court to compel further interrogatory responses. (Code Civ. Proc., § 2030.300; Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 403.) The propounding party must demonstrate that the responses were incomplete, inadequ...

Excerpt: ...exist for the revocation of the agreement; or (3) “[a] party to the arbitration agreement is also a party to a pending court action or special proceeding with a third party, arising out of the same transaction or series of related transactions and there is a possibility of conflicting rulings on a common issue of law or fact.” (Code Civ. Proc., § 1281.2.) “[T]he party moving to compel arbitration bears the burden of establishing the existe...

Excerpt: ...�We treat the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law. . . . Further, we give the complaint a reasonable interpretation, reading it as a whole and its p arts in their context.” ( Id . at p. 318; see also Hahn. v. Mirda (2007) 147 Cal.App.4th 740, 747 [“A demurrer tests the pleadings alone and not the evidence or other extrinsic matters. Therefore, it lies only wh...

Excerpt: ...re the motion is to strike an entire paragraph, cause of action, count or defense. (California Rules of Court Rule 3.1322.) The grounds for a motion to strike shall appear on the face of the challenged pleading or form any matter of which the court is required to take judicial notice. (Code Civ. Proc., § 437(a)). The court then may strike out any irrelevant, false, or improper matter inserted in any pleading and strike out all or any part of any...

Excerpt: ...s made in Plaintiff's opposition to Defendant's separate statement, regarding its characterization of the evidence cited in support of the propositions contained therein. These objections are OVERRULED. Defendant's objections to Plaintiff's evidence submitted in opposition to the motion are more substantive. The declarations submitted by Plaintiff are replete with conclusory and speculative attributions of discriminatory and retaliatory motive to...

Excerpt: ...t should evaluate a PAGA settlement to determine whether it is fair, reasonable, and adequate in view of PAGA's purposes to remediate present labor law violations, deter future ones, and to maximize enforcement of state labor laws.” ( Moniz v. Adecco USA, Inc. (2021) 72 Cal.App.5th 56, 77.) Federal courts have compared and contrasted PAGA settlements to class action settlements: In the class action context, where PAGA claims often also appe...

Excerpt: ...arty to the action written interrogatories to be answered under oath.” (Code Civ. Proc., § 2030.010(a).) If a propounding party is not satisfied with the response served by a responding party, the former may move the court to compel further interrogatory responses. (Code Civ. Proc., § 2030.300; Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 403.) The propounding party must demonstrate that th...

Excerpt: ...to any other party to the action written interrogatories to be answered under oath.” (Code Civ. Proc., § 2030.010(a).) If a propounding party is not satisfied with the response served by a responding part y, the former may move the court to compel further interrogatory responses. (Code Civ. Proc., § 2030.300; Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 403.) The propounding party must demo...

Excerpt: ...tion, or to proceed with it.” (Code Civ. Proc. § 2025.450, subd. (a).) The motion must include a meet -and -confer declaration and show good cause for the discovery sought. (Code Civ. Proc. § 2025.450, subd. (b)(1), (2).) Plaintiffs Sina, Azadeh, and Sohrab Mardani (Plaintiffs) move to compel the deposition of Defendant County of Los Angeles's (County's) Person Most Knowledgeable (PMK) with respect to two notices of deposition for different s...

Excerpt: ...pliance with the statutory procedures for service of process is essential to establish personal jurisdiction.” ( Ellard v. Conway (2001) 94 Cal.App.4th 540, 544.) Mere notice of litigation does not confer personal jurisdiction absent substantial compliance with the statutory requirements for service of summons. ( MJS Enterprises, Inc. v. Superior Court (1984) 153 Cal.App.3d 555, 557.) While courts are not required to accept self -serving eviden...

Excerpt: ...iced. (Code Civ. Pro., §§ 430.30, et seq.) In particular, as is relevant here, a court should sustain a demurrer if a complaint does not allege facts that are legally sufficient to constitute a cause of action. ( See id . § 430.10, subd. (e).) As the Supreme Court held in Blank v. Kirwan (1985) 39 Cal.3d 311: “We treat the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law...

Excerpt: ...Board now seeking $6,852.32, representing $1,966.32 in funeral/burial expenses, $2,000.00 in relocation costs, and $2,886.00 for mental health treatment, resulting from the crime that is the subject of the present action. “The board shall also be entitled to a lien on any judgment, award, or settlement in favor of or on behalf of the recipient for losses suffered as a direct result of the crime that was the basis for receipt of compensation in ...

Excerpt: ...ests for Admission and Form Interrogatories from Defendant and Cross -Complainant City of Palmdale are GRANTED as to Requests for Admission No. 18 –26, DENIED a s to Requests for Admission No. 27–29, and GRANTED as to Form Interrogatory No. 17.1. Sanctions are awarded against Palmdale and its counsel in the amount of $2,300. Plaintiffs to provide notice. I. SUMMARY JUDGMENT A party may move for summary judgment “if it is contended that the ...

Excerpt: ...ce. I. MOTIONS TO COMPEL FURTHER “Any party may obtain discovery . . . by propounding to any other party to the action written interrogatories to be answered under oath.” (Code Civ. Proc., § 2030.010(a).) If a propounding party is not satisfied with the response served by a responding party, the former may move the court to compel further interrogatory responses. (Code Civ. Proc., § 2030.300; Sinaiko Healthcare Consulting, Inc. v. Pacific H...

Excerpt: ...ED and DENIED. Plaintiff to give notice. I. DEMURRER A demurrer should be sustained only where the defects appear on the face of the pleading or are judicially noticed. (Code Civ. Pro., §§ 430.30, et seq.) In particular, as is relevant here, a court should sustain a demurrer if a complaint does not allege facts that are legally sufficient to constitute a cause of action. ( See id . § 430.10, subd. (e).) As the Supreme Court held in Blank v. Ki...

Excerpt: ...fendant instructed Plaintiff after receiving her work status report, particularly when in her de position she denied speaking to Plaintiff after receiving the report. (Opposition Exh. 3 at pp. 57–58.) Plaintiff's remaining objections are OVERRULED. II. SUMMARY JUDGMENT A party may move for summary judgment “if it is contended that the action has no merit or that there is no defense to the action or proceeding.” (Code Civ. Proc. § 437c, sub...

Excerpt: ... cation for this relief shall be accompanied by a copy of the answer or other pleading proposed to be filed therein, otherwise the application shall not be granted, and shall be made within a reasonable time, in no case exceeding six months, after the judgm ent, dismissal, order, or proceeding was taken . . . . Notwithstanding any other requirements of this section, the court shall, whenever an application for relief is made no more than six mont...

Excerpt: ...in the complaint, or the affidavit if the action is commenced by affidavit, and such defendant may be designated in any pleading or proceeding by any name, and when his tru e name is discovered, the pleading or proceeding must be amended accordingly.” (Code Civ. Proc. § 474.) The criteria for a motion to quash under Code of Civil Procedure § 474 was discussed in A.N. v. County of Los Angeles : First, section 474 includes an implicit requireme...

Excerpt: ...on 2023.010). In lieu of, or in addition to, that sanction, the court may impose a monetary sanction under Chapter 7 (commencing with Section 2023.010).” (Code Civ. Proc. § 2030.300, subd. (e).) Plaintiffs Sina and Azadeh Mardani (Plaintiffs) move for issue and monetary sanctions against Defendant County of Los Angeles (Defendant) based on Defendant's failure to comply with this court's order of September 12, 2023, directing Defendant to provi...

Excerpt: ...ion to strike is GRANTED with leave t o amend as to the prayer for attorney fees. Defendants to give notice. I. DEMURRER A demurrer should be sustained only where the defects appear on the face of the pleading or are judicially noticed. (Code Civ. Pro., §§ 430.30, et seq.) In particular, as is relevant here, a court should sustain a demurrer if a complaint does not allege facts that are legally sufficient to constitute a cause of action. ( See ...

Excerpt: ...icient to constitute a cause of action. ( See id . § 430.10, subd. (e).) As the Supreme Court held in Blank v. Kirwan (1985) 39 Cal.3d 311: “We treat the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law. . . . Further, we give the complaint a reasonable interpretation, reading it as a whole and its p arts in their context.” ( Id . at p. 318; see also Hahn. v. Mirda (2007...

Excerpt: ...ion or proceeding.” (Code Civ. Proc. § 437c, subd. (a).) “[I]f all the evidence submitted, and all inferences reasonably deducible from the evidence and uncontradicted by other inferences or evidence, show that there is no triable issue as to any material fact and that the moving party is entitled to judgment as a matter of law,” the moving party will be entitled to summary judgment. (Adler v. Manor Healthcare Corp. (1992) 7 Cal.App.4th 11...

Excerpt: ...'s testimony as to the time in which she verbally complained to Hinkley does not contradict her deposition testimony. At her deposition, she stated that she could not recall the year of her complaint; her declaration offers a deduction of a range of years based on the timing of the complaint in relation to the pandemic. The court likewise construes Plaintiff's statement that a written complaint was m ade in January 2021 as a typo, as the complain...

Excerpt: ...ICE Code of Civil Procedure section 418.10, subd. (a)(1) states: “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 for one or more of th e following purposes . . . (1) To quash service of summons on the ground of lack of jurisdiction of the court over him or her.” Mere notice of litigation does not confer personal jurisd...

Excerpt: ...ved its right t o arbitrate; (2) grounds exist for the revocation of the agreement; or (3) “[a] party to the arbitration agreement is also a party to a pending court action or special proceeding with a third party, arising out of the same transaction or series of related transactions and there is a possibility of conflicting rulings on a common issue of law or fact.” (Code Civ. Proc., § 1281.2.) “[T]he party moving to compel arbitration be...

Excerpt: ...ot allege facts that are legally sufficient to constitute a cause of action. ( See id . § 430.10, subd. (e).) As the Supreme Court held in Blank v. Kirwan (1985) Cal.3d 311: “We treat the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law. . . . Further, we give the complaint a reasonable interpretation, reading it as a whole and its part s in their context.” ( Id . at p. ...

Excerpt: ...vocation of the agreement; or (3) “[a] party to the arbitration agreement is also a party to a pending court action or special proceeding with a third party, arising out of the same transaction or series of related transactions and there is a possibility of conflicting rulings on a common issue of law or fact.” (Code Civ. Proc., § 1281.2.) “[T]he party moving to compel arbitration bears the burden of establishing the existence of a prepond...

Excerpt: ...the pleading or are judicially noticed. (Code Civ. Pro., §§ 430.30, et seq.) In particular, as is relevant here, a court should sustain a demurrer if a complaint does not allege facts that are legally sufficient to constitute a cause of action. ( See id . § 430.10, subd. (e).) As the Supreme Court held in Blank v. Kirwan (1985) 39 Cal.3d 311: “We treat the demurrer as admitting all material facts properly pleaded, but not contentions, deduct...

Excerpt: ...he pleading or are judicially noticed. (Code Civ. Pro., §§ 430.30, et seq.) In particular, as is relevant here, a court should sustain a demurrer if a complaint does not allege facts that are legally sufficient to constitute a cause of action. (See id. § 430.10, subd. (e).) As the Supreme Court held in Blank v. Kirwan (1985) Cal.3d 311: “We treat the demurrer as admitting all material facts properly pleaded, but not contentions, deductions o...

Excerpt: ...(Defendant) moves to compel the deposition of Plaintiff Sohel Sedghat (Plaintiff). Defendant sought dates of availability from Plaintiff prior to serving the deposition notice on November 7, 2023, but Plaintiff did not respond to Defendant's offer of dates. (Estrada Decl. ¶¶ 2–3, Exhs. A, B.) Plaintiff only responded with an untimely objection on November 20, 2023, the day before the deposition was to take place. (Estrada Decl. ¶ 4, Exh. C.)...

Excerpt: ...are entitled to their costs, as hereinafter provided.” (Code Civ. Proc., § 1021.) “In any action on a contract, where the contract specifically provides that attorney's fees and costs, which are incurred to enforce that contract, shall be awarded either to one of the parties or to the prevailing party, then the party who is determined to be the party prevailing on the contract, whether he or she is the party specified in the contract or not,...

Excerpt: ...n 1013. If the cost memorandum was served electronically, the period is extended as provided in Code of Civil Procedure section 1010.6(a)(4).” (California Rules of Court Rule 3.1700, subd. (b)(1).) “Code of Civil Procedure section 1032, subdivision (b) [], guarantees prevailing parties in civil litigation awards of the costs expended in the litigation: ‘Except as otherwise expressly provided by statute, a prevailing party is entitled as a m...

Excerpt: ...re in their possession, custody or control. (Code Civ. Proc., § 2031.010.) A party may likewise conduct discovery by propounding interrogatories to another party to be answered under oath. (Code Civ. Proc. § 2030.010, subd. (a).) The responding party must respond to the production demand either by complying, by representing that the party lacks the ability to comply, or by objecting to the demand. (Code Civ. Proc., § 2031.210.) The responding ...

Excerpt: ...re awarded. Defendants to give notice. I. MOTION TO CONDUCT MENTAL EXAMINATION “If any party desires to obtain discovery by a physical examination other than that described in Article 2 (commencing with Section 2032.210), or by a mental examination, the party shall obtain leave of court.” (Code Civ. Proc., § 2032.310, subd. (a).) “A motion for an examination under subdivision (a) shall specify the time, place, manner, conditions, scope, an...

Excerpt: ...the possession, custody, or control of the party on whom the demand is made.” (Code Civ. Proc., § 2031.010(b).) The demanding party may move for an order compelling further response to the demand if the demanding party deems that (1) a statement of compliance with the demand is incomplete, (2) a representation of inability to comply is inadequate, incomplete, or evasive, or (3) an objection in the response is without merit or too general. (Cod...

Excerpt: ...on is denied, the present motion shall be GRANTED, without leave to amend. If the petition is granted, this motion shall be DENIED. I. MOTION FOR JUDGMENT ON THE PLEADINGS A party may move for a judgment on the pleadings as to an entire complaint or as to a particular cause of action in a complaint. (Code Civ. Proc. § 438 subd. (c)(2)(A).) If a defendant moves for a judgment on the pleadings and argues that a complaint does not state facts suffi...

Excerpt: ...ved electronically, the period is extended as provided in Code of Civil Procedure section 1010.6(a)(4).” (California Rules of Court Rule 3.1700, subd. (b)(1).) “Code of Civil Procedure section 1032, subdivision (b) [], guarantees prevailing parties in civil litigation awards of the costs expended in the litigation: ‘Except as otherwise expressly provided by statute, a prevailing party is entitled as a matter of right to recover costs in any...

Excerpt: ...rdani's subjective reliance on any given fact, for which she lacks basis in personal knowledge. Objections No. 11–24 are SUSTAINED in part, specifically as to the truth of the matters asserted, not as to Azadeh's lack of knowledge of them at the time of executing the settlement agreement. The remaining objections to Azadeh Mardani Declaration are OVERRULED. Plaintiff's objections to the Cook declaration, based largely on relevance, are OVERRULE...

Excerpt: ...e present motion to quash. Objections to 1–18, and 23 are SUSTAINED, for lack of foundation and authentication. The remaining objections are OVERRULED. II. MOTION TO QUASH SERVICE a. Mode of Service Code of Civil Procedure section 418.10, subd. (a)(1) states: “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 for one or m...

Excerpt: ... is DENIED as to Interrogatory No. 82. No sanctions are awarded. I. MOTIONS TO COMPEL FURTHER “Any party may obtain discovery . . . by propounding to any other party to the action written interrogatories to be answered under oath.” (Code Civ. Proc., § 2030.010(a).) If a propounding party is not satisfied with the response served by a responding party, the former may move the court to compel further interrogatory responses. (Code Civ. Proc., ...