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: ...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: ...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: ...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: ...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: ...) 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: ...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: ...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: ...(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...