Excerpt: ...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 the responses were incomplete, inadequate or eva...

Excerpt: ... against Defendants Skanska Traylor Shea and the City of Beverly Hills, and is GRANTED as to LACMTA in the amount of $10,349.00, leaving a costs award of $17,574.68. I. MOTION TO TAX COSTS “Any notice of motion to strike or to tax costs must be served and filed 15 days after service of the cost memorandum. If the cost memorandum was served by mail, the period is extended as provided in Code of Civil Procedure section 1013. If the cost memorandu...

Excerpt: ...bd. (q).) The objections to the Beehler declaration are OVERRULED. Plaintiff's objections to the declaration of John L. Pagliasotti as a whole are OVERRULED, as Pagliasotti may testify as to industry custom in relation to commercial lease options. “Evidence of custom or standard practice is admissible to interpret the terms of a contract and to imply terms when no contrary intent is apparent from the other terms of the contract.” (Midwest Tel...

Excerpt: ...ilm Company, LLC, Bob Yari Music, LLC, Schizophrenic Productions, LLC, BY Equities LLC, and Davand Holdings, LLC (Defendants) seek attorney fees in the amount of $49,601.55, for work performed since the judgment of dismissal entered on June 28, 2022, including the work defending the judgment on appeal. “Except as attorney's fees are specifically provided for by statute, the measure and mode of compensation of attorneys and counselors at law is ...

Excerpt: ...e 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 (1994) 27 Cal.App.4th 809, 817.) The lawsuits are commonly referred to as “SLAPP” lawsuits, an acronym for “strategic lawsuit against public participation.” (Equilon Enterprises, LLC v. Consumer Cause, Inc. (2002) 29 Cal.4th 53, 57, fn. 1.) A defendant opposing a ...

Excerpt: ..., M.D., submitted in opposition to Defendants' motion for summary judgment. Objection No. 10 to the Hung declaration is SUSTAINED, as to Plaintiff's testimony concerning the cause of her blood loss and fainting after the endoscopic procedure, which is made without foundation. The other objections to her declaration are OVERRULED. Defendants' objections to the Kogan declaration are OVERRULED. II. SUMMARY JUDGMENT A party may move for summary judgm...

Excerpt: ...nd that person is so situated that the disposition of the action may impair or impede that person's ability to protect that interest, unless that person's interest is adequately represented by one or more of the existing parties. (Code Civ. Proc. § 387, subd. (d)(1).) The above provisions describe the circumstances where leave to intervene is mandatory. Discretionary intervention, however, is appropriate “(1) where the proposed intervenor has ...

Excerpt: ...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) 39 Cal.3d 311: “We treat the demurrer as admitting all material facts properly pleaded, but not contentions, deductions o...

Excerpt: ...ETITION The award is one for attorney fee arbitration under Business & Professions Code § 6200. If no action has been filed in court on such an award, “the award may be confirmed, corrected, or vacated by petition to the court having jurisdiction over the amount of the arbitration award, but otherwise in the same manner as provided in Chapter 4 (commencing with Section 1285) of Title 9 of Part 3 of the Code of Civil Procedure.” (Bus. & Prof....

Excerpt: ...iced. (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: ...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. . . . Further, we...

Excerpt: ...motion for summary adjudication. The objections to the declaration of Erik Landesfeind and James Anguiano are OVERRULED, as Landesfeind supports his testimony with personal knowledge as to his own and Plaintiff's job duties, while Anguiano provides sufficient basis for the applicability of the business records exception to the records which he authenticates. (Evid. Code § 1271.) Objection No. 13 to the declaration of Jennifer Quinones is SUSTAIN...

Excerpt: ...] trial court should evaluate a PAGA settlement to determine whether it is fair, reasonable, and adequate in view of PAGA's purposes to remediate present labor law violations, deter future ones, and to maximize enforcement of state labor laws.” (Moniz v. Adecco USA, Inc. (2021) 72 Cal.App.5th 56, 77.) Federal courts have compared and contrasted PAGA settlements to class action settlements: In the class action context, where PAGA claims often al...

Excerpt: ...interactive process. The motions are otherwise DENIED. No sanctions are awarded. I. MOTIONS TO COMPEL FURTHER “Any party 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. (C...

Excerpt: ...of the parties; but parties to actions or proceedings are entitled to their costs, as hereinafter provided.” (Code Civ. Proc., § 1021.) “In any action on a contract, where the contract specifically provides that attorney's fees and costs, which are incurred to enforce that contract, shall be awarded either to one of the parties or to the prevailing party, then the party who is determined to be the party prevailing on the contract, whether he...

Excerpt: ... 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. (Code Civ. Proc., § 2031.310(a).) “The ...

Excerpt: ...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 valid agreement to arbitrate, and the ...

Excerpt: ...y 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 for summary judgment and shall proceed in all procedural respects as a mot...

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: ...Ruling: Defendant Farmers Insurance's demurrer to the sixteenth and seventeenth causes of action is sustained without leave to amend. The motion to strike is granted without leave to amend. Defendant Jeffrey Kaliher's joinder to Farmers Insurance's demurrer is denied. This is a breach of contract action. Rhonda Rothstein (Rothstein) and her company, Cal First Responders Insurance Agency, Inc. (CFR) (jointly, Plaintiffs) sued Metropolitan Life Ins...

Excerpt: ... 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 demurr...

Excerpt: ...��SLAPP” lawsuits, an acronym for “strategic lawsuit against public participation.” (Equilon Enterprises, LLC v. Consumer Cause, Inc. (2002) 29 Cal.4th 53, 57, fn. 1.) A defendant opposing a SLAPP claim may bring an “anti-SLAPP” special motion to strike any cause of action “arising from any act of that person in furtherance of the person's right of petition or free speech under the United States Constitution or the California Constitu...

Excerpt: ...oceeding 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 reasonable time, in no case exceeding six months, after the judgment, dismissal, order, or proceeding was taken. However, in the case of a judgmen...

Excerpt: ... 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 for summary judgment and shall proceed in all procedural respects as a moti...

Excerpt: ...� 1021.) However, the Song-Beverly Act provides for the award of attorneys' fees to prevailing plaintiffs as follows: If the buyer prevails in an action under this section, the buyer shall be allowed by the court to recover as part of the judgment a sum equal to the aggregate amount of costs and expenses, including attorney's fees based on actual time expended, determined by the court to have been reasonably incurred by the buyer in connection wi...