Excerpt: ...t determines the arbitration agreement exists, unless (1) the petitioner has waived its right to 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 parw, arising out of the same transaction or series of related transactions and there is a possibility of conflicting rulings on a common issue oflaw or fact." (Co...

Excerpt: ...e facts that are legally sufficient to constitute a cause of action. (See id. S 430.10, subd. As the Supreme Court held in Blankv. Kirwan (1985) Cal.3d 311: MWe treat the demurrer as admitting all material facts properly pleaded, butnot contentions, deductions or conclusions of fact or law.... Further, we gwe the complaint a reasonable interpretation, reading It as a whole and its parts in their context" (ld. at p. 318; see also Hahn. v. Mirda (2...

Excerpt: ...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. (Code Civ. Proc„ 5 2031.310(a).) "The motion shall set forth specific facts showing good cause justi$in...

Excerpt: ...edure S 1281.99: (a) The court shall impose a monetary sanction against a drafting party that materially breaches an arbitration agreement pursuant to subdivision (a) of Section 1281.97 or subdivision (a) of Section 1281.98, by ordering the drafting party to pay the reasonable expenses, including attorneys fees and costs, incurred by the employee or consumer as a result of the material breach. (b) In addition to the monetary sanction described in...

Excerpt: ...d order dismissing an action, or an order rendering judgment by default agamst a party, for conduct that is a misuse of the discovety process. (Code Civ. Proc., S 2023.030.) This conduct include "[nailing to respond orto submit to an authorized method of discovery," and "[d]isobeymg a court order to provide discovery." (Code Civ. Proc„ 5 2023.010.) Ultimate discovery sanctions are justified where there is a willful discovery order violation, a ...

Excerpt: ...more of the following directions: (1) That all or some of the items or categories of items in the demand need not be produced or made available at all. (2) That the time specified in Section 2030.260 to respond to the set of demands, or to a particular item or category in the set, be extended. (3) That the place of production be other than that specified in the demand. (4) That the inspection, copying testing, or sampling be made only on specifie...

Excerpt: ...to appear for examination, 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).) Plaintiff Maria Elana Williams-Slaughter (Plaintiff) moves to compel a further deposition of Sharon Landers and David Roberts. Plaintiff seeks a further deposition of Sharon Landers to elicit testimony con...

Excerpt: ...and 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. (Code Civ. Proc., § 2031.310(a).) “The motion shall set forth spe...

Excerpt: ...o maintained an anonymous Twitter account that he uses to discuss reality television series. (Motion Exh. B (“Complaint”) ¶ 4.) Plaintiff amassed a large online following, and some critics. (Complaint ¶¶ 7–8.) Certain accounts not at issue in the present motion — Doe Defendants 2–4 — on January 28, 2022, informed their followers that they had discovered the identity behind Plaintiff's popular account, and would disclose that inform...

Excerpt: ...ation of Defendant Moregain Capital Group and affiliated entities.(Motion at pp. 3–7.) Defendant also moves to disqualify Weiner from representing Yu on the grounds that he is acting as an advocate-witness. (Motion at pp. 7–9.) “[C]ourts have authority to disqualify counsel when necessary in the furtherance of justice.” (People ex rel. Clancy v. Superior Court (1985) 39 Cal.3d 740, 745.) Motions to disqualify counsel “implicate several ...

Excerpt: ...s framed in Plaintiff Paula Bawden's separate statement, and as such are OVERRULED. (CRC Rule 3.1350, subd. (d).) Defendant's objections to Plaintiff's declaration are likewise OVERRULED. Plaintiff's declaration is founded upon her own personal knowledge, Defendant Plains All American's verified discovery responses, or Jacoby's own out-of-court statements, which are admissible against him as party admissions under Evidence Code § 1220. And altho...

Excerpt: ...Morgan Chase National Corporate Bank Heartland Credit Union Bank: Bank of America Bank, Wells Fargo Bank: and the CPA office ofFenton & Ross is DENIED 1. MOTION TO QUASH DEPOSITION SUBPOENA "If a subpoena requires the attendance of a witness or the production of books, documents, electronically stored information, or other thmgs before a court, or at the trial of an issue therein, or at the taking of a deposition, the court upon motion reasonably...

Excerpt: ...nadvertence, mistake, or neglect: Notvnthstanding any other requirements of this section, the court shall, whenever an application for reliefis made no more than six months after entry ofjudgment, is in proper form, and is accompanied by an attorney's sworn affidavit attesting to his or her mistake, inadveftence, surprise, or neglect, vacate any (1) resulting default entered by the clerk agamst his or her client, and which will result in entry of...

Excerpt: ...a deposition, the court, upon motion reasonably made by any person described in subdivision (b), or upon the court's ovvn motion after giving counsel notice and an opportunity to heard, may make an order quashing the subpoena entirely, modiönng it, or directing compliance with it upon those terms or conditions as the court shall declare, including protective orders. In addition, the court may make any other order as may be appropriate to protect...

Excerpt: ...this action, and order it transferred and consolidated with the Florida action. (See Code Civ. Proc. S 404.1.) Plamtiff in opposition argues that Defendant's motion is inconsistent with the arguments made by Skybus Jet Cargo, Inc. in the Florida action, which has sought to stay or dismiss that action on jurisdictional grounds, heretofore unthout success. (Opposition at pp. 2—13.) The motion is defective. Defendant seeks a stay and transfer unde...

Excerpt: ... defendant, then the court should grant a defendants motion only if the court finds as a matter of law that the complaint fails to allege facts sufficient to constitute the cause of action. (See id„ S 438 subd. see also Mechanical Contractors Assn. v. Greater Bay Area Assn. (1998) 66 CalApp.4th 672, 677.) "The standard for granting a motion for judgment on the pleadings is essentially the same as that applicable to a general demurrer, that is, ...

Excerpt: ...bal Warranty Applications. As to Requests No. 35, 38, and 74, Defendant shall search for emails relating to internal investigations behind TSB 09- 002-17. And while Defendant may redact personally identi$ing information of consumers from its document production, it may not redact information it otherwise believes to be nonresponsive. The motion is DENIED as to Request No. 1. No sanctions are awarded. 1. MOTION TO COMPEL COMPLIANCE w1TH DISCOVERY ...

Excerpt: ...dgment as a matter of law," the movmg parv mll be entitled to summary judgment. (Adler v. Manor Healthcare Corp. (1992) 7 Cal.App.4th 1110, 1119.) A motion for summary adjudication may be made by itself or as an alternative to a motion for summary judgment and shall proceed in all procedural respects as a motion for summary judgment (Code Civ. Proc. 5 437c, subd. The moving party bears an imtial burden of production to make a prima facie showing ...

Excerpt: ... (b), or upon the court's ovvn motion after giving counsel notice and an opportunity to be heard, may make an order quashing the subpoena entirely, modiönng it, or directing compliance with it upon those terms or conditions as the court shall declare, including protective orders. In addition, the court may make any other order as may be appropriate to protect the person from unreasonable or oppressive demands, including unreasonable violations o...

Excerpt: ...ent or order directed, and may, on motion of either party after notice to the other party, set aside any void judgment or order." (Code CIV. Proc„ S 473, subd. Defendant Sino American Reunion (Defendant) moves to vacate the default and default judgment entered against it on August 22, 2022, on the grounds that no service has been made upon It, and further that it lacks minimum contacts with the state of California, such that the courts exercise...

Excerpt: ...arty, such as names and addresses, and other personal identifying information. 1. MOTION TO COMPEL FURTHER Although styled a motion to compel further responses, the motions filed by Cross-Complainants CIP Jardmette Holding, LLC, CIP Jardinette LLC, Ratel Hollywood LP, and Ratel Investments LP (Cross- Complainants) actually concern Cross-Defendants RCMP 2018-FL2 and Readycap Commercial, LLC (Cross-Defendants) failure to make a complete document pr...

Excerpt: ...S 2030.010(a).) Ifa propounding party is not satisfied with the response sewed by a responding party, the former may move the court to compel further interrogatowresponses. (Code Civ. Proc., S 2030.300; Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 403.) The propounding parv must demonstrate that the responses were incomplete, inadequate or evasive, or that the responding party asserted objectio...

Excerpt: ... (b) states: 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 taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect Application for this relief shall be accompanied by a copy of the answer or other pleading proposed to be filed therein, othervvise the application shall not be granted, and shall be made ...

Excerpt: ...t, upon motion reasonably made by any person described in subdivision (b), or upon the court's ovvn motion after giving counsel notice and an opportunity to heard, may make an order quashing the subpoena entirely, modiönngit, or directing compliance with it upon those terms or conditions as the court shall declare, including protective orders. In addition, the court may make any other order as may be appropriate to protect the person from unreas...

Excerpt: ...ore the American Arbitration Association (AAA), as Defendant insists. If the arbitration agreement provides a method of appointing an arbitrator, that method shall be followed. If the arbitration agreement does not provide a method for appointing an arbitrator, the parties to the agreement who seek arbitration and against whom arbitration is sought may agree on a method of appointmg an arbitrator and that method shall be followed. In the absence ...