Excerpt: ...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 concerning discovery heard, closer to the initial trial date, or to reopen discovery after a new trial date has been set. This motion shall be accompanied by a meet and confer declaration under Section 2016.040.(b) In exercising its discretion to gr...

Excerpt: ...tute a cause of action 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 sa...

Excerpt: ...ons 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).) Express requests judicial notice of the following matters:  The PAGA notice submitted on October 30, 2016 by Jorge Chacon to the LWDA alleging claims against Express  The Complaint filed by Chacon against Express on January 31, 2017,...

Excerpt: ...30.010 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).) 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, cus...

Excerpt: ...e 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 other party to the ...

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: ...ate; (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 <001b001400110015001100 0c[ “[T]he party moving to compel arbitration bears the burden of establishing the existence of a v...

Excerpt: ...ng of the agreed-to May 10, 2017 discovery agreement within fifteen days of this order as follows: Immerman, for RFP No. 5; Yari, for RFP Nos. 5 and 10; and BYM, for RFP Nos. 7 and 10. The court sets a hearing to reconsider its July 6, 2016 order denying Axis's Motion to Compel Further as to RFP No. 81, which requested defendants' tax returns, to take place on ____. I. MOTION FOR TERMINATING SANCTIONS The court may impose terminating sanctions, i...

Excerpt: ...nd “[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).) APB requests judicial notice of the following matters:  The notice of default and election to sell under deed of trust recorded on June 20, 2013 as instrument number 20130921935  The notice of trustee's sal...

Excerpt: ...ction 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 summary judgment....

Excerpt: ...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 and not the evidence or other extrinsic matters. Therefore, it lies only where the ...

Excerpt: ... 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 and its parts in their context.” (Id. at p...

Excerpt: ...[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).) Consolidated requests judicial notice of the following items:  California Secretary of State Statement of Information for Key Disposal, Inc., filed on December 9, 2015  Certificate of Amendment of Articles of Inc...

Excerpt: ...ns to evidence that are not ruled on for purposes of the motion shall be preserved for appellate review.” (Code Civ. Proc. § 437c, subd. (q).) The court OVERRULES Sanchez's objections to the Quintana and Atarod declarations. The County objects to several parts of the declaration of Sanchez's expert, Edward Ruzak, for providing insufficient basis for his conclusions. Most of these objections go to the weight that is to be accorded Ruzak's opini...

Excerpt: ...n 1992 the Legislature enacted Code of Civil Procedure section 425.16 as a remedy for the “disturbing increase in lawsuits brought primarily to chill the 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 <0056000300440055004800 03[ commonly referred to as “SLAPP” lawsuits, an acronym for “strategic lawsuit against ...

Excerpt: ...will consider the Opposition. This court overruled Glover's prior demurrer as moot. The present demurrer is, effectively, a new demurrer, and Lares may supply a brief in opposition. The court will not dismiss the demurrer as untimely. Lares's motion to restore this case to the active civil calendar was granted on October 4, 2017, and Glover filed this Demurrer on December 21, 2017. “A person against whom a complaint or cross-complaint has been ...

Excerpt: ...reement; 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...

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 pleadin...

Excerpt: ...t (2009) 175 Cal.App.4th 830, 836.) GM argues that venue is improper here because Plaintiffs allege that they are residents of Orange County and do not allege where they purchased the vehicle. (Motion at p. 3.) GM itself does not have its principal place of business in Los Angeles County, and therefore, GM argues, venue is proper in Orange County, where Plaintiffs reside, and where they presumably purchased their vehicle (Motion at p. ii.) “A c...

Excerpt: ...e 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 ...

Excerpt: ...]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 the following matters: 1. Defendant McCray's petition filed on May 12, 2017 in District Court for Dallas County, Texas, in the action titled McCray v. Linx Card, Inc.,...

Excerpt: ...bject 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).) Guardia asks this court to take judicial notice of the following matters:  Exhibit A: A decision by the United States Court of Appeal for the Tenth Circuit, Case No. 14‐1427, filed August 15, 2016  Exhibit B: A complaint by the City of Philadelphia against Well...

Excerpt: ...sonable attorney's fees in addition to other costs. The parties do not dispute that the lease agreement here provides for attorney's fees as follows: In the event of any action or proceeding brought by the Lessor against [Security] under this Lease, Lessor shall be entitled to recover court costs and the fees and disbursements of its attorneys in such action or proceeding (whether at the administrative, trial or appellate levels) in such amou...

Excerpt: ...zed 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.) Dismissal is a drastic measure, and terminating sanctions ...

Excerpt: ...�[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 other party to the action.” (Code Civ. Proc. § 2031.010(a).) If a party fails to serve a timely response to the demand, “[t]he party making the demand may move for an order compelling response to the demand.” (Code Civ. Pr...