Excerpt: ...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 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...

Excerpt: ...�� ‘[P]artition' is ‘the procedure for segregating and terminating common interests in the same parcel of property.' ” (14859 Moorpark Homeowner's Assn. v. VRT Corp. (1998) 63 Cal.App.4th 1396, 1404-1405, 74 Cal.Rptr.2d 712.) It is a “ ‘ “remedy much favored by the law. The original purpose of partition was to permit cotenants to avoid the inconvenience and dissension arising from sharing joint possession of land. An additional reason...

Excerpt: ...f discovery shall remain in effect until notice of entry of the order ruling on the motion. The court, on noticed motion and for good cause shown, may order that specified discovery be conducted notwithstanding this subdivision. (Code Civ. Proc. § 425.16, subd. (g).) Plaintiff seeks leave to take the deposition of Defendant Mary Ellen Attridge (Defendant) in order to determine whether the alleged defamatory statements were made with actual malic...

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

Excerpt: ...motions, Inc. are GRANTED as to Requests and Topics No. 1–11, 26–49, 51–55, 57, and 59. The motions are DENIED as to Requests and Topics No. 12–25, 32–37, 50, 56, 58, 60, and 61. No sanctions are awarded. I. 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., § 203...

Excerpt: ...rosecution pursuant to this article on its own motion or on motion of the defendant if to do so appears to the court appropriate under the circumstances of the case. (Code Civ. Proc. § 583.410, subd. (a).) CRC Rule 3.1342 describes relevant considerations for such a motion: In ruling on the motion, the court must consider all matters relevant to a proper determination of the motion, including: (1) The court's file in the case and the declaration...

Excerpt: ...anctions 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 co...

Excerpt: ...e third cause of action for defamation asserted by Greenwood, as to the fourth cause of action for intentional interference with economic relations asserted by both Cross-Complainants, and as to the prayer for punitive damages. I. OBJECTIONS Cross-Complainants Jenny Greenwood and Heritage Estate Management (Cross-Complainants) object to various materials submitted in support of Cross-Defendants' Anita Rogers and British American Household Staffin...

Excerpt: ...dant City of Palmdale moves to compel further responses to Requests for Admission No. 1–9 from Plaintiffs City Ventures, LLC and CV Communities, LLC (Plaintiffs). Although Plaintiffs offered denials for the admissions at issue, Palmdale seeks an order overruling the objections to which Plaintiff's responses were made subject. Palmdale's motions are an idle exercise. It has received responses to each request — eight denials and one representat...

Excerpt: ...nd NKS Laboratories, Ltd., in the amount of $502,840.34. A. CONTENTS OF THE PETITION “Any party to an arbitration in which an award has been made may petition the court to confirm, correct or vacate the award. The petition shall name as respondents all parties to the arbitration and may name as respondents any other persons bound by the arbitration award.” (Code Civ. Proc., § 1285.) A petition must include (a) the substance of or have attach...

Excerpt: ...rved in another manner specified in this article and that either: (1) A cause of action exists against the party upon whom service is to be made or he or she is a necessary or proper party to the action. (2) The party to be served has or claims an interest in real or personal property in this state that is subject to the jurisdiction of the court or the relief demanded in the action consists wholly or in part in excluding the party from any inter...

Excerpt: ...ng an action in favor of the aggrieved party. Misuse of the discovery process includes failing to respond or submit to authorized discovery, providing evasive discovery responses, disobeying a court order to provide discovery, unsuccessfully making or opposing discovery motions without substantial justification, and failing to meet and confer in good faith to resolve a discovery dispute when required by statute to do so. The court may impose sanc...

Excerpt: ...th 368, 384.) The application to reconsider the matter and modify, amend, or revoke the prior order must be made within 10 days after service upon the party of written notice of entry of the order to the same judge or court that made the order. (Code Civ. Proc. § 1008(a).) [1] A motion for reconsideration may only be brought if the party moving for reconsideration can offer “new or different facts, circumstances, or law” which it could not, ...

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

Excerpt: ...ll inferences reasonably deducible from the evidence and uncontradicted by other inferences or evidence, show that there is no triable issue as to any material fact and that the moving party is entitled to judgment as a matter of law,” the moving party will be entitled to summary judgment. (Adler v. Manor Healthcare Corp. (1992) 7 Cal.App.4th 1110, 1119.) A motion for summary adjudication may be made by itself or as an alternative to a motion f...

Excerpt: ...duced upon the return of a verdict for plaintiff awarding actual damages and finding that a defendant is guilty of malice, oppression, or fraud, as stated in Civil Code § 3295, subd. (d); · The motion is DENIED as to Requests No. 28–33. · The motion is GRANTED as to Requests No. 34 and 35. Responsive computer devices and systems need only be made available at trial for the purpose of facilitating Plaintiffs' questioning of Defendant Haim, wi...

Excerpt: ...in part on any conditions that may be just.” (Code Civ. Proc. § 410.30, subd. (a).) In determining whether to grant a motion based on forum non conveniens, a court must first determine whether the alternate forum is a “suitable” place for trial. If it is, the next step is to consider the private interests of the litigants and the interests of the public in retaining the action for trial in California. The private interest factors are those...

Excerpt: ...nctions terminating an action in favor of the aggrieved party. Misuse of the discovery process includes failing to respond or submit to authorized discovery, providing evasive discovery responses, disobeying a court order to provide discovery, unsuccessfully making or opposing discovery motions without substantial justification, and failing to meet and confer in good faith to resolve a discovery dispute when required by statute to do so. The cour...

Excerpt: ...nces 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 for summar...

Excerpt: ...(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: ...uthentication, however, has been remedied in reply by Plaintiff's filing of a declaration authenticating the relevant exhibits. Defendants also object to the declaration of Plaintiff included with the exhibits, as it includes assertions of his understanding of the parties' conduct with respect to contract formation. These objections are OVERRULED, as Plaintiff may testify to his understanding of the contract. Plaintiff's objections to the declara...

Excerpt: ...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 defects appear on the face of the p...

Excerpt: ...t 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 also Hahn. v. M...

Excerpt: ... 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 moti...

Excerpt: ... a deposition 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).) This court on April 14, 2022, granted Plaintiff Linda Romero's motion to compel the deposition of Defendant 99 Cents Only Stores, LLC's (Defendant) person m...

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

Excerpt: ... 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 those terms or conditions as the court shall declare, including protective...

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

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

Excerpt: ...e authenticity of these items of evidence in another case to authenticate them here, when no such stipulation to the same effect has been entered here. However, Defendant relies for its authority on a case addressing whether a stipulated judgment was to be given preclusive effect in a subsequent matter under the doctrines of res judicata, which stated that “a stipulated judgment may be given preclusive effect only when the parties manifest an i...

Excerpt: ...tice, 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 issue or any part thereof in the case . . . .” (Code Civ. Proc., § 598.) Plaintiff Ani Balabanian (Plaintiff) seeks an order that, among the three related cases of which the present case is the lead, [1] ...

Excerpt: ...cient 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 also Hahn. v. Mirda (2007) 147 Cal...

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

Excerpt: ... 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 shall set forth...

Excerpt: ...in 10 days after service upon the party of written notice of entry of the order to the same judge or court that made the order. (Code Civ. Proc. § 1008(a).) A motion for reconsideration may only be brought if the party moving for reconsideration can offer “new or different facts, circumstances, or law” which it could not, with reasonable diligence, have discovered and produced at the time of the prior motion. (Id.) There is a strict requirem...

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

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

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

Excerpt: ...roversy if it determines the arbitration agreement exists, unless (1) the petitioner has waived its right to arbitrate; (2) grounds exist for the revocation of the agreement; or (3) “[a] party to the arbitration agreement is also a party to a pending court action or special proceeding with a third 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 l...

Excerpt: ...nded 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 party is entitled to judgment as a matter of law,” the moving party will be entitled to su...

Excerpt: ...gs: (1) The party has a substantial interest in the action as a whole. (2) The health of the party is such that a preference is necessary to prevent prejudicing the party's interest in the litigation. Courts have held that: . . . section 36 was enacted for the purpose of assuring that an aged or terminally ill plaintiff would be able to participate in the trial of his or her case and be able to realize redress upon the claim asserted. Such a pref...

Excerpt: ...FOR LEAVE TO FILE AMENDED COMPLAINT 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 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 ...

Excerpt: ...itute 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 also Hahn. v. Mirda (2007) 147 Cal.App.4th 740, ...

Excerpt: ...d adjudication. Objections No. 22–26 are SUSTAINED, as they concern portions of the declaration of Plaintiff's attorney, Mark Mulkerin, concerning underlying facts of the case for which he has no personal knowledge. The other objections, including all those directed against the declaration of Cedric Price, are OVERRULED. Defendants Shayan Ghalari and Coldwell Banker also submit objections. Objection No. 1 is SUSTAINED, as it addresses once agai...

Excerpt: ...cerning statements made by Robert Clippinger regarding his objections to his termination, are not being admitted for the legal propositions contained therein. Cross-Defendants submit objections to the materials submitted by Cross-Complainants in opposition to their motion. These objections are OVERRULED, as they concern the course of dealing between Cross- Complainants and Cross-Defendants, during contract formation and afterward, and are relevan...

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

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 also Hahn. v. Mirda (2007) 147 Cal.App.4th 740, 747 [“A demurrer tests the plea...

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: ...ent Votta are likewise OVERRULED, as his testimony is adequate to authenticate as an initial matter Plaintiff's electronic signature on the agreement in question. (See Espejo v. Southern California Permanente Medical Group (2016) 246 Cal.App.4th 1047, 1062.) Plaintiff's objection to the declaration of Jonathan Cobb are likewise OVERRULED, as Cobb may testify to the workings of Defendant's “Ops Center” communications system, and this testimony...

Excerpt: ...ce submitted, and all inferences reasonably deducible from the evidence and uncontradicted by other inferences or evidence, show that there is no triable issue as to any material fact and that the moving party is entitled to judgment as a matter of law,” the moving party will be entitled to summary judgment. (Adler v. Manor Healthcare Corp. (1992) 7 Cal.App.4th 1110, 1119.) A motion for summary adjudication may be made by itself or as an altern...