Excerpt: ... Code Civ. Proc., § 2024.020, subd. (a).) “Except as provided in Section 2024.050, a continuance or postponement of the trial date does not operate to reopen discovery proceedings.” (Code Civ. Proc., § 2024.020, subd. (b).) A party may 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 concern...

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

Excerpt: ... against Defendants Skanska Traylor Shea and the City of Beverly Hills, and is GRANTED as to LACMTA in the amount of $10,349.00, leaving a costs award of $17,574.68. I. MOTION TO TAX COSTS “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 memorandu...

Excerpt: ...bd. (q).) The objections to the Beehler declaration are OVERRULED. Plaintiff's objections to the declaration of John L. Pagliasotti as a whole are OVERRULED, as Pagliasotti may testify as to industry custom in relation to commercial lease options. “Evidence of custom or standard practice is admissible to interpret the terms of a contract and to imply terms when no contrary intent is apparent from the other terms of the contract.” (Midwest Tel...

Excerpt: ...ilm Company, LLC, Bob Yari Music, LLC, Schizophrenic Productions, LLC, BY Equities LLC, and Davand Holdings, LLC (Defendants) seek attorney fees in the amount of $49,601.55, for work performed since the judgment of dismissal entered on June 28, 2022, including the work defending the judgment on appeal. “Except as attorney's fees are specifically provided for by statute, the measure and mode of compensation of attorneys and counselors at law is ...

Excerpt: ...e valid exercise of the constitutional rights of freedom of speech and petition for the redress of grievances.” (Code Civ. Proc., §425.16, subd. (a); Wilcox v. Superior Court (1994) 27 Cal.App.4th 809, 817.) The lawsuits are commonly referred to as “SLAPP” lawsuits, an acronym 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 ...

Excerpt: ..., M.D., submitted in opposition to Defendants' motion for summary judgment. Objection No. 10 to the Hung declaration is SUSTAINED, as to Plaintiff's testimony concerning the cause of her blood loss and fainting after the endoscopic procedure, which is made without foundation. The other objections to her declaration are OVERRULED. Defendants' objections to the Kogan declaration are OVERRULED. II. SUMMARY JUDGMENT A party may move for summary judgm...

Excerpt: ...nd that person is so situated that the disposition of the action may impair or impede that person's ability to protect that interest, unless that person's interest is adequately represented by one or more of the existing parties. (Code Civ. Proc. § 387, subd. (d)(1).) The above provisions describe the circumstances where leave to intervene is mandatory. Discretionary intervention, however, is appropriate “(1) where the proposed intervenor has ...

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

Excerpt: ...ETITION The award is one for attorney fee arbitration under Business & Professions Code § 6200. If no action has been filed in court on such an award, “the award may be confirmed, corrected, or vacated by petition to the court having jurisdiction over the amount of the arbitration award, but otherwise in the same manner as provided in Chapter 4 (commencing with Section 1285) of Title 9 of Part 3 of the Code of Civil Procedure.” (Bus. & Prof....

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

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

Excerpt: ...] trial court should evaluate a PAGA settlement to determine whether it is fair, reasonable, and adequate in view of PAGA's purposes to remediate present labor law violations, deter future ones, and to maximize enforcement of state labor laws.” (Moniz v. Adecco USA, Inc. (2021) 72 Cal.App.5th 56, 77.) Federal courts have compared and contrasted PAGA settlements to class action settlements: In the class action context, where PAGA claims often al...

Excerpt: ...motion for summary adjudication. The objections to the declaration of Erik Landesfeind and James Anguiano are OVERRULED, as Landesfeind supports his testimony with personal knowledge as to his own and Plaintiff's job duties, while Anguiano provides sufficient basis for the applicability of the business records exception to the records which he authenticates. (Evid. Code § 1271.) Objection No. 13 to the declaration of Jennifer Quinones is SUSTAIN...

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

Excerpt: ...of the parties; but parties to actions or proceedings are entitled to their costs, as hereinafter provided.” (Code Civ. Proc., § 1021.) “In any action on a contract, where the contract specifically provides that attorney's fees and costs, which are incurred to enforce that contract, shall be awarded either to one of the parties or to the prevailing party, then the party who is determined to be the party prevailing on the contract, whether he...

Excerpt: ... the party on whom the demand is made.” (Code Civ. Proc., § 2031.010(b).) The demanding party may move for an order compelling further response to the demand if the demanding party deems that (1) a statement of compliance with the demand is incomplete, (2) a representation of inability to comply is inadequate, incomplete, or evasive, or (3) an objection in the response is without merit or too general. (Code Civ. Proc., § 2031.310(a).) “The ...

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

Excerpt: ...y 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 procedural respects as a mot...

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

Excerpt: ...Ruling: Defendant Farmers Insurance's demurrer to the sixteenth and seventeenth causes of action is sustained without leave to amend. The motion to strike is granted without leave to amend. Defendant Jeffrey Kaliher's joinder to Farmers Insurance's demurrer is denied. This is a breach of contract action. Rhonda Rothstein (Rothstein) and her company, Cal First Responders Insurance Agency, Inc. (CFR) (jointly, Plaintiffs) sued Metropolitan Life Ins...

Excerpt: ... 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 demurr...

Excerpt: ...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 demu...

Excerpt: ...� 1021.) However, the Song-Beverly Act provides for the award of attorneys' fees to prevailing plaintiffs as follows: If the buyer prevails in an action under this section, the buyer shall be allowed by the court to recover as part of the judgment a sum equal to the aggregate amount of costs and expenses, including attorney's fees based on actual time expended, determined by the court to have been reasonably incurred by the buyer in connection wi...

Excerpt: ... 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 procedural respects as a moti...

Excerpt: ...oceeding 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. However, in the case of a judgmen...

Excerpt: ...��SLAPP” lawsuits, an acronym 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 Constitu...

Excerpt: ...te a PAGA settlement to determine whether it is fair, reasonable, and adequate in view of PAGA's purposes to remediate present labor law violations, deter future ones, and to maximize enforcement of state labor laws.” (Moniz v. Adecco USA, Inc. (2021) 72 Cal.App.5th 56, 77.) Federal courts have compared and contrasted PAGA settlements to class action settlements: In the class action context, where PAGA claims often also appear, a district court...

Excerpt: ...n is denied, the present motion shall be GRANTED, without leave to amend. If the petition is granted, this motion shall be DENIED. Defendants to give notice. I. MOTION FOR JUDGMENT ON THE PLEADINGS A party may move for a judgment on the pleadings as to an entire complaint or as to a particular cause of action in a complaint. (Code Civ. Proc. § 438 subd. (c)(2)(A).) If a defendant moves for a judgment on the pleadings and argues that a complaint ...

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

Excerpt: ..., 634–635.) “[I]f the defendant has not received notice of the attempt to lift the shield of anonymity, the plaintiff must make reasonable efforts to provide such notice.” (Glassdoor, Inc. v. Superior Court (2017) 9 Cal.App.5th 623, 634.) Plaintiff Stewart Lucas Murrey (Plaintiff) seeks an order authorizing him to conduct “limited third-party discovery to identify defendants in this action.” (Motion at p. 1.) Plaintiff's case arises fro...

Excerpt: ...der preventing the taking of a second session of deposition for Gil Blank, Nike's Director of Brand Imaging. Blank's deposition took place in person on August 11, 2023, and Plaintiff contends that at the deposition, counsel for Defendants 5860 West Jefferson LLC and Samitaur Constructs (Defendants) wasted deposition time by asking Blank questions concerning the lease and the construction at issue, matters for which he had no personal knowledge. (...

Excerpt: ...on. (See id. § 430.10, subd. (e).) As the Supreme Court held in Blank v. Kirwan (1985) 39 Cal.3d 311: “We treat the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law. . . . Further, we give the complaint a reasonable interpretation, reading it as a whole and its parts in their context.” (Id. at p. 318; see also Hahn. v. Mirda (2007) 147 Cal.App.4th 740, 747 [“A demurrer...

Excerpt: ...o sanctions are awarded. I. MOTIONS TO QUASH DEPOSITION NOTICE & COMPEL DEPOSITION “[A] party may also move for an order staying the taking of the deposition and quashing the deposition notice. This motion shall be accompanied by a meet and confer declaration under Section 2016.040. The taking of the deposition is stayed pending the determination of this motion.” (Code Civ. Proc., § 2025.410, subd. (c).) Conversely, a party may make a motion...

Excerpt: ...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. The trial judge cannot weigh the evidence or judge the credibility of witnesses. If the evidence is conflicting or if several reasonable inferences may be drawn, the motion for judgment notwithstanding the verdict should be denied. A motion for judgment notwithstanding the verdict of a j...

Excerpt: ... a record be filed under seal only if it expressly finds facts that establish: (1) There exists an overriding interest that overcomes the right of public access to the record; (2) The overriding interest supports sealing the record; (3) A substantial probability exists that the overriding interest will be prejudiced if the record is not sealed; (4) The proposed sealing is narrowly tailored; and (5) No less restrictive means exist to achieve the o...

Excerpt: ...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.” (Id. at p. 318; see...

Excerpt: ...operty or transaction that is the subject of the action and that person is so situated that the disposition of the action may impair or impede that person's ability to protect that interest, unless that person's interest is adequately represented by one or more of the existing parties. (Code Civ. Proc. § 387, subd. (d)(1).) The above provisions describe the circumstances where leave to intervene is mandatory. Discretionary intervention, however,...

Excerpt: ...s made.” (Code Civ. Proc., § 2031.010(b).) The demanding party may move for an order compelling further response to the demand if the demanding party deems that (1) a statement of compliance with the demand is incomplete, (2) a representation of inability to comply is inadequate, incomplete, or evasive, or (3) an objection in the response is without merit or too general. (Code Civ. Proc., § 2031.310(a).) “The motion shall set forth specific...

Excerpt: ...verdict whenever a motion for a directed 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. The trial judge cannot weigh the evidence or judge the credibility of witnesses. If the evidence is conflicting or if several reasonable inferences ...

Excerpt: ... control of the party on whom the demand is made.” (Code Civ. Proc., § 2031.010(b).) The demanding party may move for an order compelling further response to the demand if the demanding party deems that (1) a statement of compliance with the demand is incomplete, (2) a representation of inability to comply is inadequate, incomplete, or evasive, or (3) an objection in the response is without merit or too general. (Code Civ. Proc., § 2031.310(a...

Excerpt: ...3. If the cost memorandum was served electronically, the period is extended as provided in Code of Civil Procedure section 1010.6(a)(4).” (California Rules of Court Rule 3.1700, subd. (b)(1).) “Code of Civil Procedure section 1032, subdivision (b) [], guarantees prevailing parties in civil litigation awards of the costs expended in the litigation: ‘Except as otherwise expressly provided by statute, a prevailing party is entitled as a matter...

Excerpt: ...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 make any o...

Excerpt: ... 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 this code. “The trial court has discretion to permit or deny the amendment of the compl...

Excerpt: ...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 accompanied...

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

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

Excerpt: ...nded 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) [], guarantees prevailing parties in civil litigation awards of the costs expended in the litigation: ‘Except as otherwise expressly provided...

Excerpt: ...determine whether it is fair, reasonable, and adequate in view of PAGA's purposes to remediate present labor law violations, deter future ones, and to maximize enforcement of state labor laws.” (Moniz v. Adecco USA, Inc. (2021) 72 Cal.App.5th 56, 77.) Federal courts have compared and contrasted PAGA settlements to class action settlements: In the class action context, where PAGA claims often also appear, a district court must independently dete...

Excerpt: ...edures set out in Paragraph 8 of the proposed order shall be omitted I. OBJECTIONS Plaintiffs Forest Smith and Lina Smith (Plaintiffs) object to portions of the evidence submitted by Defendant Blair Stover (Defendant) in support of his motion for summary judgment or adjudication. Objections No. 1–9 are SUSTAINED, as Stover's testimony consists of conclusory statements that he has read the causes of action and denies any wrongdoing alleged there...