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