Excerpt: ...against that defendant, then the court should grant a defendant's motion only if the court finds as a matter of law that the complaint fails to alleges facts sufficient to constitute the cause of action. (See id., § 438 subd. (c)(1)(B)(ii);see also Mechanical Contractors Assn. v. Greater Bay Area Assn. (1998) 66 Cal.App.4th 672, 677.) “The standard for granting a motion for judgment on the pleadings is essentially the same as that applicable t...

Excerpt: ...tions. Lu declares his understanding that Maraney seeks “broad categories of documents and information pertaining to an alleged defect with the Subject Vehicle and its components,” and that he is “familiar with the categories of documents that may be produced” in this action. (Lu Decl. ¶¶ 4, 14.) Although Maraney may quibble with Lu's characterization of these requests as “broad,” the court does not regard this language as warrantin...

Excerpt: ...ement Company, Inc., Marie Rassman, Alexandria Pollack, and Candace Miller. Defendants to provide notice. I. EVIDENTIARY OBJECTIONS Mondragon objects to several paragraphs in the declarations of Defendants' witnesses. The court rules as follows: Mark Tyson Declaration: Objection No. 6 is SUSTAINED [lack of foundation]; all others are OVERRULED. Alexandria Pollack Declaration: All objections are OVERRULED. Neil Kelliher Declaration: Objection Nos....

Excerpt: ...s 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. City of Burbank v. Mueller Co....

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.) Motion for new trial may be made after summary judgmen...

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: ...85. (Motion at pp. 2–9.) “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 party deems that (1) a statement of compliance with the demand is incomplete, (2) a representation of inability to comply is ina...

Excerpt: ... 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 extrinsic matter...

Excerpt: ...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 action or proceeding.'” (Williams v. Chino Valley Independent Fire Dist. (“Williams”) (2015) 61 Cal.4th 97, 100.). “If the items o...

Excerpt: ...lative, executive, and 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...

Excerpt: ...d Dr. Tawansy to set a mutually agreeable date for deposition. (Motion at pp. 1–2.) Angeles's reasons are: (1) the service of the deposition notice was faulty, as it was attached to the back of another subpoena (Motion at p. 5); (2) Nunez set the deposition only in consultation with Dr. Tawansy, not with the other parties (Motion at p. 6); (3) the deposition was set on a holiday (Motion at p. 6); and (4) the deposition was set too early in the ...

Excerpt: ... 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.) “A new trial shall not be granted upon the ground of insufficiency of the evidence to justify the verdict or othe...

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: ...ULED as to that email. The Demurrer is also OVERRULED as to Plaintiff's Seventh Cause of Action for NIED. Defendants Phillips Graduate University and James Lott's Motion to Strike Portions of Plaintiff Veronica Everett-Boyce's Complaint is DENIED as to the prayer for punitive damages and accompanying allegations of malice, oppression, and fraud, and GRANTED, with leave to amend, as to the request for attorney's fees. A. DEMURRER A demurrer should...

Excerpt: ...must be remembered, however, that disqualification is a drastic course of action that should not be taken simply out of hypersensitivity to ethical nuances or the appearance of impropriety.” (Sheller v. Superior Court (2008) 158 Cal.App.4th 1697, 1711.) Rule of Professional Conduct 2-100 states, “While representing a client, a member shall not communicate directly or indirectly about the subject of the representation with a party the member k...

Excerpt: ...to evidence in her first declaration. However, Katzman has since provided a supplemental declaration rectifying the defect. Davidian's objections are therefore OVERRULED. II. MOTION TO DISMISS PER FORUM SELECTION AGREEMENT Defendants Group and Wholesale ask this court for an order dismissing all claims against them pursuant to a forum selection clause purportedly agreed to by Davidian designating Delaware as the forum with sole and exclusive juri...

Excerpt: ...ing exacerbated by the incident, and only to those records dating from July 2010. “If a subpoena requires the attendance of a witness or 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 counse...

Excerpt: ...ects 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. Kirwan (1985) Cal.3d 311: “We treat the demurrer as admitting all material facts properly pleaded, but n...

Excerpt: ...r striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect; 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 t...

Excerpt: ...: 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, otherwise the application shall not be granted, and shall be made within a r...

Excerpt: ...NTED; Trial will be had first upon KB's and Godzik's equitable claims for Quiet Title and Declaratory Relief, and then on the parties' legal claims for Breach of Contract, Interference with Easement, and Nuisance. Plaintiffs and Cross-Defendants to give notice. OBJECTIONS “In granting or denying a motion for summary judgment or summary adjudication, the court need rule only on those objections to evidence that it deems material to its dispositi...

Excerpt: ...bb Decl. ¶ 2.) She began working at Defendant MUFG Union Bank, N.A. (“MUFG”) in July 1997 as a Customer Service Associate. (Plaintiff's Response to Defendant's Separate Statement of Undisputed Material Facts (“PUMF”) No. 1.) Webb transferred to MUFG's Brea branch in 2005 when she was promoted to Loss Prevention Specialist. (PUMF No. 2.) In 2009 Webb was promoted to Fraud Investigator. (PUMF No. 4.) As a fraud investigator, Webb was requi...

Excerpt: ...ion, 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 conformity with the laws of ...

Excerpt: ...cutive, and 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...

Excerpt: ...of $2,160.00. I. MOTION FOR PROTECTIVE ORDER “Before, during, or after a deposition, any party, any deponent, or any other affected natural person or organization may promptly move for a protective order. The motion shall be accompanied by a meet and confer declaration under Section 2016.040.” (Code Civ. Proc. § 2024.420, subd. (a).) “The court, for good cause shown, may make any order that justice requires to protect any party, deponent, ...

Excerpt: ...ent; 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 arb...

Excerpt: ...ch allows a judgment “based upon a decision by the court” to be set aside if an aggrieved party shows that there was an “[i]ncorrect or erroneous legal basis for the decision” or that the decision was “not consistent with or not supported by the facts.” (Code Civ. Proc. § 663.) “Section 663 is designed to enable speedy rectification of a judgment rendered upon erroneous application of the law to facts which have been found by the c...

Excerpt: ...e 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.” (Id. at p. 318; see also Hahn. v. Mirda (2007) 147 Cal.App.4th 740, 747 (“A de...

Excerpt: ...t 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 a whole an...

Excerpt: ...allow a party to amend any pleading or proceeding by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect; 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...

Excerpt: ... attached to the present motion states that it was served by mail on April 6, 2018, Plaintiffs argue that it was only received on April 18, 2018, beyond the 16 court‐day deadline for motions under Code of Civil Procedure § 1005, subd. (b). (Opposition at p. 3; Kernan Decl. ¶ 33, Exh. Q.) Plaintiffs offer no competent evidence to rebut the proof of service included with the present motion. Plaintiffs' attorney does not testify that the motion ...

Excerpt: ...ted upon written application to appear as counsel pro hac vice, provided that an active member of the State Bar of Califomia is associated as attomey of record." (Cal. Rules of Court ("CRC") Rule 9 40(a)_) An applicant may not be a resident of the State of Califomia: regularly employed in the State of Califomia: or regularly engaged in substantial business, professional, or other activities in the State of California. (CRC ' 'A person desiring to...

Excerpt: ...NIED. Sanctions to be addressed at hearing. I. MOTION FOR PRELIMINARY INJUNCTION Davidian asks this court for a preliminary injunction ordering AmWINS to turn over his personnel file, particularly the “Producer Compensation Plan” incorporated into his employment agreement, which showed how commissions were calculated. (Motion at p. 4.) Davidian makes this motion pursuant to Labor Code § 1198.5, which guarantees an employee's right of access ...

Excerpt: ...ed verdict for the aggrieved party should have been granted had a previous motion been made.” (Code Civ. Proc., § 629, subd. (a).) “The trial judge's power to grant a judgment notwithstanding the verdict is identical to his power to grant a directed verdict. [Citations.] The trial judge cannot weigh the evidence [Citations] or judge the credibility of witnesses. [Citation.] If the evidence is conflicting or if several reasonable inferenc...

Excerpt: ...ed 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), and (h).) Sanchez asks this court to take judicial notice of the following...

Excerpt: ...Civil Procedure § 425.13. That statute provides: In any action for damages arising out of the professional negligence of a health care provider, no claim for punitive damages shall be included in a complaint or other pleading unless the court enters an order allowing an amended pleading that includes a claim for punitive damages to be filed. The court may allow the filing of an amended pleading claiming punitive damages on a motion by the party ...

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: ...e 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 specific facts showing ...

Excerpt: ...ciency 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.) The grounds for new trial asserted by Bravo here are (1) excessive ...

Excerpt: ...Plaintiffs argue that the motion is procedurally defective because Nuclear is in default, and argue that their breach of contract claim against Nuclear has merit. (Opposition at pp. 4–7.) (b) By presenting to the court, whether by signing, filing, submitting, or later advocating, 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...

Excerpt: ...e judicial notice of “official acts of the legislative, executive, and 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 reaso...

Excerpt: ...answers are incomplete, evasive, or the objections are without merit. (See Cal. Code Civ. Proc. § 2030.300, subd. (d).) The party filing a motion must submit a meet-and-confer declaration. (Code Civ. Proc. § 2030.300, subd. (b).).The court finds that Pumphrey has adequately met and conferred here. Pumphrey seeks further responses from MHC and Hocking as to Form Interrogatory 15.1. That interrogatory provides as follows: Identify each denial of ...

Excerpt: ...18, or GM is to file a motion for a protective order by said date, should those meet-and-confer efforts fail. A. MOTION TO COMPEL FURTHER – PRODUCTION OF DOCUMENTS “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...

Excerpt: ...ult judgment entered against a defendant who was not served with a summons in the manner prescribed by statute is void. [Citation.]' [Citation.] Under section 473, subdivision (d), the court may set aside a default judgment which is valid on its face, but void, as a matter of law, due to improper service.” (Ellard v. Conway (2001) 94 Cal.App.4th 540, 544.) Mere notice of litigation does not confer personal jurisdiction absent substantial compli...

Excerpt: ... or excusable neglect.” (Code Civ. Proc. § 473, subd. (b).) “A party seeking relief under section 473 on the grounds of excusable neglect bears the burden of demonstrating that the neglect was excusable in order to secure relief.” (Luri v. Greenwald (2003) 107 Cal.App.4th 1119, 1128–29.) The grounds for Akhtar's present motions for reconsideration and Section 473 relief are identical; that this court dismissed his First Cause of Action o...

Excerpt: ... leave to defend the action. The notice of motion shall be served and filed within a reasonable time, but in no event exceeding the earlier of: (i) two years after entry of a default judgment against him or her; or (ii) 180 days after service on him or her of a written notice that the default or default judgment has been entered.” (Code Civ. Proc. § 473.5(a).) “'[A]ctual knowledge' has been strictly construed, with the aim of impleme...

Excerpt: ...ould 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 a whole and it...

Excerpt: ...3, subd. (d).) “‘[C]ompliance with the statutory procedures for service of process is essential to establish personal jurisdiction. [Citation.] Thus, a default judgment entered against a defendant who was not served with a summons in the manner prescribed by statute is void. [Citation.]' [Citation.] Under section 473, subdivision (d), the court may set aside a default judgment which is valid on its face, but void, as a matter of law, due to i...

Excerpt: ...d 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 issue or any part thereof in the case . . . .” (Code Civ. Proc., § 598.) “It is within the discretion of the court to bifurcate issues or order separate trials of actions, such as for breach of contract and bad faith, and to determine the order in which those issues ar...

Excerpt: ...3, 19, 24, 28, 29, and 32.[1] (Hocking Motion at p. 2.) “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 party deems that (1) a statement of compliance with the demand is incomplete, (2) a representation ...

Excerpt: ...e 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. Proc. § ...

Excerpt: ... 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 arbitration bears the burden of proving by a preponderance of the eviden...

Excerpt: ...bd. (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 an...

Excerpt: ... including the following: (1) The reasonable requirements of a judgment debtor who is a natural person and of persons supported in whole or in part by the judgment debtor. (2) Payments the judgment debtor is required to make or that are deducted in satisfaction of other judgments and wage assignments, including earnings assignment orders for support. (3) The amount remaining due on the money judgment. (4) The amount being or to be received in sat...

Excerpt: ...s' interpretation of the testimony and thus their offered basis for Plaintiffs' motion for leave to amend, not for the evidentiary truth of the matters stated. I. MOTION FOR LEAVE TO AMEND Code Civ. Proc. section 473 subd. (a)(1) states that: The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading or proceeding by adding or striking out the name of any party, or by correcting a mistake in t...

Excerpt: ...arge 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 justifying the court's denial of leave to...

Excerpt: ...onably 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), and (h).) Sach asks this court to take judicial notice of Corona's Complaint in this matter. The court takes judicial notice of the Complaint. I. OBJECTIONS Sach offers three objections to the declarations of Corona and his attorney. All are OVERRULED. I. MOTION TO COMP...

Excerpt: ...that “a prevailing defendant on a special motion to strike shall be entitled to recover 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,...

Excerpt: ...tments 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), and (h).) MLI asks...

Excerpt: ...wered under oath.” (Code Civ. Proc., § 2030.010 subd. (a).) If a party fails to serve a timely response to interrogatories, “[t]he party propounding the interrogatories may move for an order compelling response to the interrogatories.” (Code Civ. Proc., § 2030.290 subd. (b).) “Any party may obtain discovery . . . by a written request that any other party to the action admit the genuineness of specified documents, or the truth of specifi...

Excerpt: ...arty is such that a preference is necessary to prevent prejudicing the party's interest in the litigation. Section 36, subdivision (f) provides: “Upon the granting of such a motion for preference, the court shall set the matter for trial not more than 120 days from that date and there shall be no continuance beyond 120 days from the granting of the motion for preference except for physical disability of a party or a party's attorney, or upo...

Excerpt: ... 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 conformity with the laws of this state, a court rule, or an order of...

Excerpt: ...e 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), and (h).) Bowler asks this court to take judicial notice of the following matters:  Defendant Joe Simpson's Demurrer in this case, filed December 5, 2015  Defendants Jessica, Ashlee, and Tina Simpson's joinder of the above Demurrer  <00480003002700480...

Excerpt: ...d 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. Kirwan (1985) Cal.3d 311: “We treat the demurrer as admitting all mater...

Excerpt: ...sal, 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, 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 . . . . Not...

Excerpt: ...arty 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 sought by ...

Excerpt: ...he legislative, executive, and 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. Cod...

Excerpt: ...ect to dispute and are capable of immediate and accurate determination by resort to sources of reasonably indisputable accuracy.” (Evid. Code § 452, subds. (c), (d), and (h).) Guardia asks this court to take judicial notice of the following matters:  Exhibit A: A decision by the United States Court of Appeal for the Tenth Circuit, Case No. 14‐1427, filed August 15, 2016  Exhibit B: A complaint by the City of Philadelphia against Wells ...

Excerpt: ...d of discovery,” and “[d]isobeying a court order to provide discovery.” (Code Civ. Proc., § 2023.010.) Ultimate discovery sanctions are justified where there is a willful discovery order violation, a history of abuse, and evidence showing that less severe sanctions would not produce compliance with discovery rules. (Van Sickle v. Gilbert (2011) 196 Cal.App.4th 1495, 1516.) Dismissal is a drastic measure, and terminating sanctions should on...

Excerpt: ...and 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), ...

Excerpt: ...t will appoint one to serve as the referee. Section 639, subdivision (e), provides: “When the parties do not consent, the court may, upon the application of any party, or of its own motion, direct a reference when the court in any pending action determines in its discretion that it is necessary for the court to appoint a referee to hear and determine any and all discovery motions and disputes relevant to discovery in the action and to report fi...

Excerpt: ...l Further as to Carrillo's Special Interrogatories is GRANTED as to Nos. 15–22, 29, and 49. The Motion is DENIED as to Special Interrogatories Nos. 7–12, 32, 37, 38, 51, and 54. Defendants are awarded sanctions in the amount of $1,600. Further responses are due in 30 days. I. MOTION TO COMPEL FURTHER RESPONSES “Any party may obtain discovery . . . by propounding to any other party to the action written interrogatories to be answered under o...

Excerpt: ... § 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.” (Id. at p. 318; see alsoHahn. v. Mirda (2007) 147 Cal.App.4th 740, 747 [“A demurrer tests the plead...

Excerpt: ...“[f]ailing to respond or to submit to an authorized method of discovery,” and “[d]isobeying a court order to provide discovery.” (Code Civ. Proc., § 2023.010.) Ultimate discovery sanctions are justified where there is a willful discovery order violation, a history of abuse, and evidence showing that less severe sanctions would not produce compliance with discovery rules. (Van Sickle v. Gilbert (2011) 196 Cal.App.4th 1495, 1516.) Dismissa...

Excerpt: ...ith 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.) Linde argues simply that he is the prevailing party on the anti-SLAPP motion following appeal and is therefore entitled to fees in the amount of $51,084.20. (Motion at p. 7.) Kattuah offers many arguments in response. She first argues that Linde is entitled to ...

Excerpt: ... Judge of the Civil Division may, for the convenience of witnesses or to promote the ends of justice, transfer a civil case from one district to another. Except for proceedings concerning transfer of a Personal Injury Action, as defined in subsection (a)(1)(A), motions to transfer a civil action from one district to another, including motions based upon a failure to file the case in accordance with the requirements set forth in this Chapter must ...

Excerpt: ...t order to provide discovery.” (Code Civ. Proc., § 2023.010.) Ultimate discovery sanctions are justified where there is a willful discovery order violation, a history of abuse, and evidence showing that less severe sanctions would not produce compliance with discovery rules. (Van Sickle v. Gilbert (2011) 196 Cal.App.4th 1495, 1516.) Dismissal is a drastic measure, and terminating sanctions should only be ordered when there has been previous no...

Excerpt: ...failed to get in touch with them about potential deposition dates. (Motion at p. 4.) Castaneda claims that her counsel attempted to do so by phone but could not reach Defendants' counsel. (Opposition at p. 4.) The issue here is evidently the parties' inability to communicate and set a date for Castaneda's deposition. As such, the dispute is more properly resolved by further meet and confer efforts among the parties than by court order. The Motion...

Excerpt: ...eading 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 or con...

Excerpt: ...at is a misuse of the discovery process. (Code Civ. Proc., § 2023.030.) This conduct include “[f]ailing to respond or to submit to an authorized method of discovery,” and “[d]isobeying a court order to provide discovery.” (Code Civ. Proc., § 2023.010.) Ultimate discovery sanctions are justified where there is a willful discovery order violation, a history of abuse, and evidence showing that less severe sanctions would not produce compli...

Excerpt: ...) This conduct include “[f]ailing to respond or to submit to an authorized method of discovery,” and “[d]isobeying a court order to provide discovery.” (Code Civ. Proc., § 2023.010.) Ultimate discovery sanctions are justified where there is a willful discovery order violation, a history of abuse, and evidence showing that less severe sanctions would not produce compliance with discovery rules. (Van Sickle v. Gilbert (2011) 196 Cal.App.4t...

Excerpt: ...ubd. (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 alsoHahn. v. Mirda (2007) 147 Cal.App.4th 740, 747 [“A demurrer tests the pleadings alone an...

Excerpt: ...ited 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), and (h).) Defendants ask this court to take judicial notice of various court decisions and judgments, as well as administrative filings, created in the course of Cannistraci's ongoing dispute with Defendan...

Excerpt: ...t finds that the party does not have a substantial interest in the case as a whole.” The statute makes the giving of a trial preference mandatory upon a determination that the criteria exist. (See Peters v. Superior Court (1989) 212 Cal.App.3d 218, 222–23.) “Upon the granting of such a motion for preference, the court shall set the matter for trial not more than 120 days from that date and there shall be no continuance beyond 120 days from ...

Excerpt: ...reement 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 arbitration bears the burden of proving by a prep...

Excerpt: ...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.” (Civ. Code § 1717, subd. (a).)[1] Plaintiffs here argue that attorney's fees are appropriate under JFK's Operating Agreement, which provides that the LLC will indemnify employees, officers, and members ...

Excerpt: ...election is not proper under any of the statutory grounds.” (Fontaine v. Superior Court (2009) 175 Cal.App.4th 830, 836.) PWD bases its choice of venue in Los Angeles County on two grounds: that Hillebrand resides in the county, and that performance on the contracts sued upon was to take place here. (Opposition at p. 4.) Defendants dispute the above contentions, and argue that a venue-selection provision in the contract between PWD and Sidekick...

Excerpt: ... party, and any other party or affected natural person or organization may promptly move for a protective order.” (Code Civ. <0056004b0052005a005100 00580055005700030050[ay make an order concluding, among other things, that “the number of specially prepared interrogatories is unwarranted.” (Code Civ. Proc. § 2030.090, subd. (b)(2).) The court may upon similar terms issue protective orders “for good cause shown” as relates to requests f...

Excerpt: ...ely motion, order transfer of an action when the court designated in the complaint is not the proper court. The moving party must overcome the presumption that the plaintiff has selected the proper venue. Thus, it is the moving defendant's burden to demonstrate that the plaintiff's venue selection is not proper under any of the statutory grounds.” (Fontaine v. Superior Court (2009) 175 Cal.App.4th 830, 836.) GM argues that venue is impr...

Excerpt: ...o a demurrer or motion to strike is nine court days before the appointed hearing (Code Civ. Proc. § 1005, subd. (b), which in this case would have been February 15, nine court days before the February 28, 2018 hearing on the motion. In lieu of an opposition, Akhtar has filed a First Amended Cross-Complaint, but only did so on February 20, 2018, several days after the deadline for filing an amended pleading as a matter of right. Accordingly, the ...

Excerpt: ...oc. § 1005, subd. (b), which in this case would have been February 15, nine court days before the February 28, 2018 hearing on the motion. In lieu of an opposition, Akhtar has filed a First Amended Cross-Complaint, but only did so on February 20, 2018, several days after the deadline for filing an amended pleading as a matter of right. Accordingly, the filing of the amended cross-complaint was untimely, it is subject to strike, and it does not m...

Excerpt: ...rty fails to serve a timely response to interrogatories, “[t]he party propounding the interrogatories may move for an order compelling response to the interrogatories.” (Code Civ. Proc., § 2030.290 subd. (b).) Likewise, “[a]ny party may obtain discovery . . . by inspecting, copying, testing, or sampling documents, tangible things, land or other property, and electronically stored information in the possession, custody, or control of any ot...

Excerpt: ...arty 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 arbitration bears the b...

Excerpt: ... 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 conformity with the l...

Excerpt: ...move to take discovery or have a discovery motion heard after the cut-off date, as follows: (a) On motion of any party, the court may grant leave to complete discovery proceedings, or to have a motion concerning discovery heard, closer to the initial trial date, or to reopen discovery after a new trial date has been set. This motion shall be accompanied by a meet and confer declaration under Section 2016.040.(b) In exercising its discretion to gr...

Excerpt: ...(b), and (c), responsive to Requests for Admission Nos. 25, 41, 44 57, and 63–69, in compliance with Section 2030.220 of the Code of Civil Procedure. Bowler is to produce further responses to Special Interrogatories, Set One, Nos. 2. 5, 8, 11, 29, <001b000f0003001a001400 000f0003001b0013000f[ 83, 86, 89, 92, 95, 98, 101, 104, 107, <001400170013000f000300 001500150018000f0003[in compliance with Code of Civil Procedure § 2030.220. Bowler is to p...

Excerpt: ...�Frivolous' means totally and completely without merit or for the sole purpose of harassing an <0058004500470011000300 [ Klein's argument in its sanctions motion is that Safyari's claims of misrepresentation and breach of fiduciary duty were all adjudicated against him in a prior action before this court, Klein v. Malka, LASC Case No. BC498733. There, Klein obtained a judgment against Safyari on a breach of contract claim related to Safyari's cla...

Excerpt: ...ates 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), and (h).) Select asks this court to take judicial notice of the following matters:  Deed of Trust recorded July 7, 2005 in Official Records Los Angeles County Recorder's Of...

Excerpt: ...urther responses if the party believes the answers are incomplete, evasive, or the objections are without merit. (See Cal. Code Civ. Proc. § 2030.300, subd. (d).) A motion under this section must “be accompanied by a meet and confer declaration under Section 2016.040.” (Code Civ. Proc. § 2030.300, subd. (b).) As an initial matter, the court rejects Plaintiffs' argument that BYM has failed to properly meet and confer on this motion. The evid...

Excerpt: ...te 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), and (h).) Kaladjian here asks this court to take judicial notice of the following matters:  Exhibit A: This court's Minute Ord...