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: ...its own motion finds that in the interest of substantial justice an action should be heard in a forum outside this state, the court shall stay or dismiss the action in whole or in part on any conditions that may be just.” (Code Civ. Proc. § 410.30, subd. (a).) In determining whether to 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 s...

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: ...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: ...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: ... 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: ...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: ... 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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ... 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: ...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...