Excerpt: ...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 or conclusions of fact or law. ...

Excerpt: ...f 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 or conclusions of fact or law. . . . Further, we give the complaint a reasonable interpretation, reading it as a whole and its parts in their context....

Excerpt: ... and the rolling over of the negative equity of her prior vehicle are taken from the sales contract that Huante herself attached to her Complaint and incorporated by reference. (Complaint ¶ 7.) Likewise, Dankert is competent to testify concerning the letters received and sent by his firm, which is the subject of his declaration. II. \SUMMARY JUDGMENT A party may move for summary judgment “if it is contended that the action has no merit or that...

Excerpt: ...rise, or excusable neglect. Application 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 judgment, dismissal, order, or proceeding was taken . . . . Notwithstanding any other requirements of this section, the court shall, whenever an application for relie...

Excerpt: ...es 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 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 C...

Excerpt: ...ition notice” if that witness “fails 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).) Nike moves to compel the depositions of Defendants 5860 West Jefferson, LLC, 5860 West Jefferson I, LLC, and Samitaur Constructs, on the grounds that they failed to...

Excerpt: ...e trial of an issue therein, or at the taking of a deposition, the court, upon motion reasonably made by any person described in subdivision (b), or upon the court's own motion after giving counsel notice and an opportunity to be heard, may make an order quashing the subpoena entirely, modifying it, or directing compliance with it upon those terms or conditions as the court shall declare, including protective orders. In addition, the court may ma...

Excerpt: ...mplaint is OVERULED, but SUSTAINEED without leave as to the Third Cause of Action. Defendant AHMC Greater El Monte Community Hospital LP's Motion to Strike is DENIED. 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 ...

Excerpt: ...er his or her attorney's fees and costs.” “The party prevailing on a special motion to strike may seek an attorney fee award through three different avenues: simultaneously with litigating the special motion to strike; by a subsequent noticed motion, . . . or as part of a cost memorandum.” (Carpenter v. Jack In The Box Corp. (2007) 151 Cal.App.4th 454, 461.) “It is well established that the determination of what constitutes reasonable att...

Excerpt: ...ronym for “strategic lawsuit against public participation.” (Equilon Enterprises, LLC v. Consumer Cause, Inc. (2002) 29 Cal.4th 53, 57, fn. 1.) A defendant opposing a SLAPP claim may bring an “anti-SLAPP” special motion to strike any cause of action “arising from any act of that person in furtherance of the person's right of petition or free speech under the United States Constitution or the California Constitution in connection with a ...

Excerpt: ...is properly stayed during the pendency of the appeal under Code of Civil Procedure § 916. (Reply at pp. 2– 3.) Daley's brief treatment of this issue in her Reply gives the court no basis to stay hearing on this specific motion. Code of Civil Procedure § 916 “stays proceedings in the trial court upon the judgment or order appealed from or upon the matters embraced therein or affected thereby.” (Code Civ. Proc. § 916, subd. (a).) Daley poi...

Excerpt: ...stained only where the defects appear on the face of the pleading or are judicially noticed. (Code Civ. Pro., §§ 430.30, et seq.) 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 content...

Excerpt: ... to Quash set for January 8, 2020. I. MOTION TO EXPUNGE LIS PENDENS “‘A lis pendens is a recorded document giving constructive notice that an action has been filed affecting title to or right to possession of the real property described in the notice.' [Citation.] A lis pendens may be filed by any party in an action who asserts a ‘real property claim.' [Citation.] Section 405.4 defines a ‘“Real property claim”' as ‘the cause or caus...

Excerpt: ...ires testimony regarding the credentials of the relevant actors. And Carmona is incorrect that Bedford's testimony is not authenticated. Expert declarations may be based on hospital and medical records if the records themselves are properly authenticated. (Garibay v. Hemmat (2008) 161 Cal.App.4th 735, 742– 743.) And Sheu here has presented the medical records that Bedford relies on, as well as declarations from the relevant custodians of record...

Excerpt: ...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 specific facts showing good cause justifying the discovery sought by the demand,”...

Excerpt: ...er a separate trial of any cause of action . . . or of any separate issue . . . .” (Code Civ. Proc., § 1048, subd. (b).) Additionally, “[t]he court may, when the convenience of witnesses, the ends of justice, or the economy and efficiency of handling the litigation would be promoted thereby, on motion of a party, after notice and hearing, make an order . . . that the trial of any issue or any part thereof shall precede the trial of any other...

Excerpt: ...t 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 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. Pro...

Excerpt: ...) ‘[i]nsufficiency of the evidence”; and (7) “[e]rror in law.”' [Citation.]” (Montoya v. Barragan (2013) 220 Cal.App.4th 1215, 1227.) “When a new trial is granted, on all or part of the issues, the court shall specify the ground or grounds upon which it is granted and the court's reason or reasons for granting the new trial upon each ground stated.” (Code Civ. Proc., § 657.) Pettinato moves for new trial on the grounds that the ins...

Excerpt: ...o agree to non- binding arbitration “at any time after the dispute over fees, costs, or both has arisen,” and that such agreements are only binding “after the dispute arises and before the taking of evidence at the arbitration hearing.” (Motion at pp. 3–4; Bus. & Prof. Code § 6204, subd. (a); State Bar Rule 3.508, subd. (A).) Tate-Naghi's motion is without merit. This is not a “dispute over fees, costs, or both,” under the Mandator...

Excerpt: ...her 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 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 ...

Excerpt: ...f 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 or conclusions of fact or law. . . . Further, we give the complaint a reasonable interpretation, reading it as a whole and its parts in their context....

Excerpt: ...The Demurrer is SUSTAINED with leave to amend as to the Third and Fourth Causes of Action, and OVERRULED as to the Ninth and Tenth Causes of Action for Declaratory and Injunctive Relief. SPECIAL MOTION TO STRIKE In 1992 the Legislature enacted Code of Civil Procedure section 425.16 as a remedy for the “disturbing increase in lawsuits brought primarily to chill the valid exercise of the constitutional rights of freedom of speech and petition for...

Excerpt: ... against Defendants Barbara Garcia, Mayabeque, Inc. Versailles Plaza LLC, and G&G Investment Co. The Demurrer is OVERRULED as to the First, Fourth, Sixth, Seventh, and Eighth Causes of Action, and as to the Fifth Cause of Action as alleged against William Garcia, Leonard De Los Prados, and Leonard De Los Prados CPA. DEMURRER A demurrer should be sustained only where the defects appear on the face of the pleading or are judicially noticed. (Code C...

Excerpt: ...) “[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 valid agreement to arbitrate, and the p...

Excerpt: ...re, 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 or conclusions of fact or law. . . . Further, we give the complaint a reasonable interpretation, reading it as ...

Excerpt: ...TED. 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.) 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...

Excerpt: ...eat 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 parts 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 where the d...

Excerpt: ...de of Civil Procedure section 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 prevail...

Excerpt: ... no authority that would allow the bringing of this dispositive motion, based on evidentiary materials outside the pleadings and judicially noticeable matters, to resolve essential issues in the case. The court agrees with Defendant that this motion is effectively one for summary adjudication of dispositive issues, and as such is procedurally defective. (Opposition at p. 1; see Code Civ. Proc. § 437c.)[1] This case also involves numerous triable...

Excerpt: ...e 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 or conclusions of fact or law. . . . Further...

Excerpt: ...ial 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 parts 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 where the defects appear on the face of the pleadi...

Excerpt: ...er 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 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 f...

Excerpt: ... tax costs must be served and filed 15 days after service of the cost memorandum. If the cost memorandum was served by mail, the period is extended as provided in Code of Civil Procedure section 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) ...

Excerpt: ...NIED as to Interrogatory No. 17. Plaintiff Ryan McCarl's Motions to Compel Further Responses to Form Interrogatories, Set One, from Defendant U.S. Residential Group LLC is GRANTED as to Form Interrogatories No. 4.1 <0011000300140011001400 00440051004700030014[6.2. Plaintiff Ryan McCarl's Motions to Compel Further Responses to Requests for Admission, Set One, from Defendant U.S. Residential Group LLC is GRANTED as to Requests (Facts) No. 3– <005...

Excerpt: ...ain 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 or conclusions of fact or law. . . . Further, we give the complaint a reasonable interpretation, reading it as a whole and its parts i...

Excerpt: ...eged information. Sanctions are awarded in the amount of $102 in favor of McCarl. Plaintiff Ryan McCarl's Motion to Compel Further Responses to Form Interrogatories, Set Onefrom Defendant Verbena SPE 3 LP, GRANTED as to Form Interrogatories No. 3.7, 15.1, 17.1 (as to Requests for Admission No. 1, 2, 3, and 5–10), and 50.2, and as to preliminary statements framing responses as based on “information and documents which are presently available t...

Excerpt: ...) that the answer is uncertain, which term includes “ambiguous” and “unintelligible”; and (3) that, where the answer pleads a contract, it cannot be ascertained from the answer whether the contract is written or oral. (CCP § 430.20.) An Answer's affirmative defenses must “be separately stated, and the several defenses shall refer to the causes of action which they are intended to answer, in a manner by which they may be intelligibly di...

Excerpt: ...v. Proc. § 2025.410, subd. (c).) The court may also, for good cause shown, “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” as relates to depositions. (Code Civ. Proc. § 2025.420, subd. (b).) Blue Shield moves to quash three notices of deposition and asks for a protective order preventing any de...

Excerpt: ...he face of the pleading or are judicially noticed. (Code Civ. Pro., §§ 430.30, et seq.) 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 or conclusions of fact or...

Excerpt: ...19, seeking $59,836.35. “Any notice of motion to strike or to tax costs must be served and filed 15 days after service of the cost memorandum. If the cost memorandum was served by mail, the period is extended as provided in Code of Civil Procedure section 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)...

Excerpt: ...e production of books, documents, electronically stored information, or other things before a court, or at the trial of an issue therein, or at the taking of a deposition, the court, upon motion reasonably made by any person described in subdivision (b), or upon the court's own motion after giving counsel notice and an opportunity to be heard, may make an order quashing the subpoena entirely, modifying it, or directing compliance with it upon...

Excerpt: ...her action pending in federal court seeking class relief for the same Labor Code violations. (Motion at pp. 3–4.) That case is Joshua Kouchi v. American Airlines, Inc. (C.D. Cal.) Case No.: 2:18-cv-07802-PSG- AGR. The causes of action asserted in that case, on behalf of a class of aggrieved employees, are: 1.Failure to Pay Minimum Wage (Lab. Code § 1194) 2.Failure to Pay Overtime (42 U.S.C. § 206) <0086008600030015001500 000c[ 4.Failure to Pr...

Excerpt: ...0, 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 parts in their context.” (Id. at p. 318; see also Hahn. v. Mirda (2007) 147 Cal.App.4th 740, 747 (“A demurrer tests the pleadings alo...

Excerpt: ...ally 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 or conclusions of fact or ...

Excerpt: ...dence, 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 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....

Excerpt: ...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 parts 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 where the...

Excerpt: ...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 parts 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 where the...

Excerpt: ...t a referee. Fees are to be split as follows, 25% to Plaintiff, the remaining 75% to be split amongst the three defendants. “When the parties do not consent, the court may, upon the written motion of any party, or of its own motion, appoint a referee in the following cases,” including “[w]hen the court in any pending action determines that it is necessary for the court to appoint a referee to hear and determine any and all discovery motions...

Excerpt: ... 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 parts 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 extrins...

Excerpt: ...No. 13 and 15–17, with the phrase “complaints and/or concerns” limited to “complaints.” The Motion is GRANTED as to Requests No. 18–20, 23, and 25–27, provided that the parties agree to search terms for responsive ESI. The Motion is DENIED as to Requests No. 9, 10, 12, 14, 21, 24, and 30-32. I. MOTION TO COMPEL FURTHER — DOCUMENTS “A party may demand that any other party produce . . . a document that is in the possession, custod...

Excerpt: ...d 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, or that the responding party asserted objections that are either without merit or too general. (Code Civ. Proc., § 203...

Excerpt: ...for Negligence as brought by Osheen Haghnazarian. A. 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.) 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...

Excerpt: ...arty 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. (Code Civ. Proc., § 2031.310(a).) “The motion...

Excerpt: ...a document that is in 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 meri...

Excerpt: ...rm of lost or postponed business opportunities, lost revenues, and increased expenses resulting from Plaintiff' inability to occupy and use the Property as agreed,” as alleged against Defendants 5860 West Jefferson, LLC and 5860 West Jefferson I, LLC. The motion is otherwise DENIED. 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...

Excerpt: ...the production of books, documents, electronically stored information, or other things before a court, or at the trial of an issue therein, or at the taking of a deposition, the court, upon motion reasonably made by any person described in subdivision (b), or upon the court's own motion after giving counsel notice and an opportunity to be heard, may make an order quashing the subpoena entirely, modifying it, or directing compliance with it up...

Excerpt: ... 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 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 procedu...

Excerpt: ...ed 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, or that the responding party asserted objections that are either without merit or too general. (Code Civ. Proc., § 20...

Excerpt: ...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 specific facts showing good cause justifying the discovery sought by the demand,” and �...

Excerpt: ...ly noticed. (Code Civ. Pro., §§ 430.30, et seq.) 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 or conclusions of fact or law. . . . Further, we give the compla...

Excerpt: ...d when electronic service has not been agreed to electronic service under Code of Civil Procedure § 1010.6, subd. (a)(2). (Opposition at pp. 4–5.) But Verbena has stated no prejudice resulting from this defect in service. Verbena also objects that McCarl has filed a single motion to compel further that addresses several separate items of discovery, including requests for production, requests for admission, and form and special interrogatories....

Excerpt: ...omplaint is GRANTED as to allegations of misappropriation of confidential materials and as to the prayer for attorneys' fees, and DENIED as to the prayer for punitive damages, request for injunctive relief, and each of the causes of action. A. 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.) A court should sustain a demurrer if a com...

Excerpt: ...ement; 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 <001b001400110015001100 0c[ “[T]he party moving to compel arbitration bears the burden of establishing the existence of a valid agreement to arbitrate, and the party opposing a...

Excerpt: ...upreme 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 parts 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...

Excerpt: ...r motion for reconsideration of the demurrer. (Opposition at pp. 4–5.) Plaintiffs in Reply appear to concede that the motion is one for reconsideration and argue that it is made appropriate by Defendants' Cross-Complaint, which levels claims for fees purportedly incurred in Michael's habeas petition. (Reply at pp. 2–8.) The court agrees that the present motion is in effect one for reconsideration of its May 10, 2018 order sustaining Defendant...

Excerpt: ...udgment is GRANTED. 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, 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 ...

Excerpt: ...onse 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 specific facts showing good cause justifying the discovery sought by the demand,” and “[t]he motion shall be accomp...

Excerpt: ...e face of the pleading or are judicially noticed. (Code Civ. Pro., §§ 430.30, et seq.) 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 or conclusions of fact or ...

Excerpt: ... court order as a party to the action, or any agent of this person, who is adjudged guilty of contempt for violating that court order may be ordered to pay to the party initiating the contempt proceeding the reasonable attorney's fees and costs incurred by this party in connection with the contempt proceeding.” (Code Civ. Proc. § 1218, subd. (a).) “It is well established that the determination of what constitutes reasonable attorney fees...

Excerpt: ...d aiding and abetting, and GRANTED with leave to amend as to Plaintiff's prayer for punitive damages. 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.) 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 Co...

Excerpt: .... Should that motion not resolve the action, the action will be stayed pending resolution of the Connecticut matter. “When a court upon motion of a party or its own motion finds that in the interest of substantial justice an action should be heard in a forum outside this state, the court shall stay or dismiss the action in whole or in part on any conditions that may be just.” (Code Civ. Proc. § 410.30, subd. (a).) In determining whether to g...

Excerpt: ... action or special proceeding resides out of the state, or is a foreign corporation, the defendant may at any time apply to the court by noticed motion for an order requiring the plaintiff to file an undertaking to secure an award of costs and attorney's fees which may be awarded in the action or special proceeding.” (Code Civ. Proc. § 1030, subd. (a).) The motion requires two elements: (1) that the plaintiff reside out of state, and that ...

Excerpt: ...n 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 or conclusions of fact or law. . . . Further, we give the complaint a reasonable interpretation, reading it as a whole and its parts in ...

Excerpt: ... of motion for one or more of the following purposes . . . (1) To quash service of summons on the ground of lack of jurisdiction of the court over him or her.” Defendants here argue that service was improperly made upon them. The proofs of service filed on December 24, 2018, state that all Defendants were served on December 13, 2018, by substitute servce at an address on Monte Mar Drive in Los Angeles, and that documents were left with “Anna ...

Excerpt: ...ragraph, 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 pleading not drawn or filed in conform...

Excerpt: ...nse 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 specific facts showing good cause justifying the discovery sought by the demand,” and “[t]he motion shall be accompa...

Excerpt: ...ted annoyance, embarrassment, or oppression, or undue burden <0045004700110003000b00 45000c0011000c[ The state has two substantial interests in regulating pretrial discovery. The first is to facilitate the search for truth and promote justice. The second is to protect the legitimate privacy interests of the litigants and third parties. The interest in truth and justice is promoted by allowing liberal discovery of information in the possession of ...

Excerpt: ...ment 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 party, arising out of the same transaction or series of related transactions and there is a possibility of conflicting rulings on a common <001b001400110015001100 0c[ “[T]he party moving to com...

Excerpt: ... 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 or conclusions of fact or law....

Excerpt: ...althMarkets, Inc. v. Superior Court (2009) 171 Cal.App.4th 1160, 1167.) If satisfied, the burden then shifts to defendant to show that exercise of jurisdiction would be unreasonable. (Id.) A court may exercise jurisdiction on any basis not inconsistent with the Constitution of California or of the United States. (Code Civ. Proc., § 410.10.) The exercise of personal jurisdiction is constitutionally permissible only “if the defendant has suffici...

Excerpt: ... 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 parts in their context.” (Id. at p. 318; see alsoHahn. 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 where the defects a...

Excerpt: ...ing 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 specific facts showing good cause justifying the discovery sough...

Excerpt: ...ally noticed. (Code Civ. Pro., §§ 430.30, et seq.) 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 or conclusions of fact or law. . . . Further, we give the comp...

Excerpt: ...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 or conclusions of fact or law. . . . Further, we give the complaint a reasonabl...

Excerpt: ...king of a deposition, the court, upon motion reasonably made by any person described in subdivision (b), or upon the court's own motion after giving counsel notice and an opportunity to be heard, may make an order quashing the subpoena entirely, modifying 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 appropri...

Excerpt: ...part as to Requests No. 71 and 72, but only as to the following dates: 12/12/2016, 12/15/2016, 12/17/2016, 12/18/2016, and 12/22/2016; and GRANTED as to Requests No. 73–77. No sanctions are awarded. Defendant Amwins Insurance Brokerage of California's Motion to Compel Further Responses to Requests for Production of Documents, Set Seven, is GRANTED as to Requests No. 82–130. Sanctions are awarded in the amount of $750. I. MOTION TO COMPEL FURT...

Excerpt: ...nd judicial departments of the United States and of any state of the United States,” “[r]ecords of (1) any court of this state or (2) any court of record of the United States or of any state of the United States,” and “[f]acts and propositions that are not reasonably subject to dispute and are capable of immediate and accurate determination by resort to sources of reasonably indisputable accuracy.” (Evid. Code § 452, subds. (c), (d), a...

Excerpt: ...30.10, 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 parts in their context.” (Id. at p. 318; see also Hahn. v. Mirda (2007) 147 Cal.App.4th 740, 747 (“A demurrer tests the pleadings...

Excerpt: ...sperm donor” allegation in paragraph 18 of the Cross-Complaint. Plaintiff and Cross-Defendant to give notice. I. SPECIAL MOTION TO STRIKE In 1992 the Legislature enacted Code of Civil Procedure section 425.16 as a remedy for the “disturbing increase in lawsuits brought primarily to chill the valid exercise of the constitutional rights of freedom of speech and petition for the redress of grievances.” (Code Civ. Proc., §425.16, subd. (a); Wi...

Excerpt: ...ct (FEHA) Government Code section 12965's subdivision (b) grants the trial court discretion to award attorney fees to a prevailing party. This statute has been interpreted to mean that in a FEHA action a trial court should ordinarily award attorney fees to a prevailing plaintiff unless special circumstances would render a fee award unjust.” (Chavez v. City of Los Angeles (2010) 47 Cal.4th 970, 976.) Because Ayoub has accepted an offer of co...

Excerpt: ...ty and breach. Defendant LaRocca Inspection Associates, Inc.'s Demurrer to the First Amended Complaint is CONTINUED to ________. Oppositions and replies may be filed according to Code of Civil Procedure § 1005, by reference to this new date. Before the filing date for any opposition, the parties are to meet and confer regarding the substance of the Demurrer, in compliance with Code of Civil Procedure § 430.41. I. DEMURRER A demurrer should be s...

Excerpt: ... (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 parts 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 n...

Excerpt: ...ts 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 parts 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 where the defects appear on the face of the pleading or a...

Excerpt: ... their rates, within 5 days thereafter. Code of Civil Procedure § 564 authorizes the court to appoint a receiver in certain circumstances. Guest relies on the following as applicable to her case: (2)In an action . . . between partners or others jointly owning or interested in any property or fund, on the application of the plaintiff, or of any party whose right to or interest in the property or fund, or the proceeds thereof, is probable, and whe...

Excerpt: ...seeks attorneys' fees in the lodestar amount of $45,688.00, plus a 0.5 multiplier, leading to a total of $68,532.00 in fees. (Motion at p. i.) Haberman also asks for costs in the amount of $10,246.76. (Motion at p. i.) This amount is supported by the declarationof Steve Mikhov, Haberman's counsel, and records of attorney tasks and billings. (Mikhov Decl. Exh. A.) Parties to litigation must generally bear their own attorney's fees, unless they oth...

Excerpt: ...ary 1, 2016, to the present. Initially, the court GRANTS Defendants request to take judicial notice of the docket attached as Exhibit 1 of its motion. “A party may demand that any other party produce . . . a document that is in 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 part...

Excerpt: ...ther 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, shall be entitled to reasonable attorney's fees in addition to other costs. The parties do not dispute that the lease agreement here provides for attorney's fees as follows: In the event of any action or proceeding brought by the Lessor against [Sec...

Excerpt: ...evocation 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 <001b001400110015001100 0c[ “[T]he party moving to compel arbitration bears the burden of establishing the existence of a valid agreement to arbitrate, and...

Excerpt: ...on, the defendant may at any time apply to the court by noticed motion for an order requiring the plaintiff to file an undertaking to secure an award of costs and attorney's fees which may be awarded in the action or special proceeding.” (Code Civ. Proc. § 1030, subd. (a).) The motion requires two elements: (1) that the plaintiff reside out of state, and that the defendant have a “reasonable possibility” of obtaining favorable judgment...

Excerpt: ...7c, subd. (q).) Vanderlinde's Objections to Grove's evidence 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, 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 n...