Excerpt: ...ow Tree Nursing & Rehab Center is DENIED. I. MOTIONS TO QUASH SUBPOENA “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 counsel notice and an...

Excerpt: ... 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 good cause justifying the discovery sought by the demand,” and “[t]h...

Excerpt: ... other party allow the party making the demand . . . to enter on any land or other property that is in the possession, custody, or control of the party on whom the demand is made, and to inspect and to measure, survey, photograph, test, or sample the land or other property, or any designated object or operation on it..” (Code Civ. Proc., § 2031.010(D).) The demanding party may move for an order compelling further response to the demand if the ...

Excerpt: ... (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 demurrer tests...

Excerpt: ...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 and its parts in thei...

Excerpt: ...o provide notice. I. MOTION TO STRIKE Any party, within the time allowed to respond to a pleading, may serve and file a notice of motion to strike the whole or any part thereof. (Code Civ. Proc., § 435(b)(1)). The notice of motion to strike a portion of a pleading shall quote in full the portions sought to be stricken except where the motion is to strike an entire paragraph, cause of action, count or defense. (California Rules of Court Rule 3.13...

Excerpt: ...ia Ersoff. These objections are OVERRULED, as the witnesses testify based on personal knowledge and inspection of the premises. II. MOTION FOR TRIAL PREFERENCE Plaintiff seeks trial preference under Code of Civil Procedure section 36 subdivisions (a), (b), and (e). Subdivision (a) states: A party to a civil action who is over 70 years of age may petition the court for a preference, which the court shall grant if the court makes both of the follow...

Excerpt: ... 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 and...

Excerpt: ...n 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 this code. “The trial court has discretion to permit or deny the ...

Excerpt: ...ilege or privacy objection exists. 4. Plaintiff shall appear for up to six additional hours of deposition subject to the foregoing Protection Order. The motion is otherwise DENIED. Sanctions are awarded against Plaintiff's counsel in the amount of $1,000. I. MOTION TO COMPEL DEPOSITION ANSWERS “If a deponent fails to answer any question or to produce any document, electronically stored information, or tangible thing under the deponent's control...

Excerpt: ...30.10, 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 demurrer tests the pleadings...

Excerpt: ...to demonstrate facts establishing a basis for personal jurisdiction.” (HealthMarkets, Inc. v. Superior Court (2009) 171 Cal.App.4th 1160, 1167.) If satisfied, the burden then shifts to defendant to show that exercise of jurisdiction would be unreasonable. (Id.) A court may exercise jurisdiction on any basis not inconsistent with the Constitution of California or of the United States. (Code Civ. Proc., § 410.10.) The exercise of personal jurisd...

Excerpt: ...y 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 inadequate, incomplete, or evasive, or (3) an objection in ...

Excerpt: ...nt. (Code Civ. Proc. § 438 subd. (c)(2)(A).) If a defendant moves for a judgment on the pleadings and argues that a complaint does not state facts sufficient to constitute 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 Mechanic...

Excerpt: ...citation to a non- government website purporting to publish the Laffey Matrix of hourly attorney rates promulgated by the Department of Justice. Defendant's remaining objections are OVERRULED. II. MOTION FOR ATTORNEY FEES Plaintiff seeks a fee award of $27,300.00, plus $985 in costs, and a 1.2 lodestar multiplier, for a total award of $35,110.00. (Motion at p. ii.) Plaintiff seeks compensation for 52 hours of work conducted at $525.00 per hour. (...

Excerpt: ...y has subsequently retained. (2) Amend that party's expert witness declaration with respect to the general substance of the testimony that an expert previously designated is expected to give. (b) A motion under subdivision (a) shall be made at a sufficient time in advance of the time limit for the completion of discovery under Chapter 8 (commencing with Section 2024.010) to permit the deposition of any expert to whom the motion relates to be take...

Excerpt: ...code provisions]. (2) The party's failure to serve a timely response was the result of mistake, inadvertence, or excusable neglect. (Code Civ. Proc. §§ 2030.290, subd. (a)(1), (2); 2031.300, subd. (a)(1), (2).) “Substantial compliance ... means actual compliance in respect to the substance essential to every reasonable objective of the statute.” (North Pacifica LLC v. California Coastal Com. (2008) 166 Cal.App.4th 1416, 1432.) Defendant mov...

Excerpt: ...levant 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 conclusions of fact or law. . . . Further, we give the complaint a reasonable interpretation, readi...

Excerpt: ...e 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 motion shall set fort...

Excerpt: ...ible 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. (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 ...

Excerpt: ...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 not contentio...

Excerpt: ...in which he characterizes his back pain as disabling because it limited his ability to sit or stand for extended periods. This objection is OVERRULED. II. SUMMARY JUDGMENT A party may move for summary judgment “if it is contended that the action 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 eviden...

Excerpt: ...he personal knowledge of the declarant, are authenticated by them (as by being the individual recipient of a particular email), or constitute admissions by the opposing party (such as the statements within the emails themselves). (Evid. Code § 1220.) Defendant's objections to the declaration of Plaintiff's counsel, Frank Catalina, concern records of incorporation for another “Ignite” company, and indications on that company's website and in ...

Excerpt: ...Interrogatories (Employment), Set One, No. No. 200.1, 201.3, 201.4, 201.6, 207.1, 207.2, 208.1, 209.2, 211.1, 216.1, and 217.1; · Ameer and Sherif Antoon: GRANTED as to Requests for Production, Set One, No. 16– 18 and 20–23, and DENIED as to Requests No. 1–15 and 19; · Ameer and Sherif Antoon: GRANTED as to Form Interrogatories No. 2.3, 2.6, 2.7, and 2.11. Further code complaint responses within 30 days. No sanctions are awarded. I. MOTIO...

Excerpt: ...nt 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. 318; see also Hahn. v. Mirda (2007) 147 Cal.Ap...

Excerpt: ...$1,245. Plaintiff BMC West, LLC's Motion to Compel Deposition of Gagandeep Lakhmna is GRANTED. Sanctions are awarded against Lakhmna and counsel in the amount of $1,245. Plaintiff to give notice. I. MOTION TO COMPEL DEPOSITION A party may make a motion compelling a witness's deposition “after service of a deposition notice” if that witness “fails to appear for examination, or to proceed with it.” (Code Civ. Proc. § 2025.450, subd. (a).) ...

Excerpt: ...dant's objections to the declaration of Jason Clark are SUSTAINED as to Objections No. 1–17, which concern the underlying facts of the case of which Clark has no personal knowledge. Defendant's remaining objections concern Clark's testimony regarding the progress of the case in this court, for which Clark has personal knowledge or can obtain knowledge by reference to judicially noticeable court records. Defendant's objections to the declaration...

Excerpt: ...and DENIED as to Request No. 51. Sanctions are awarded against Defendant and its counsel in the amount of $2,605.20. Plaintiff Andrew Baracco's Motion to Compel Deposition of Defendant East Coast Foods, Inc.'s Person Most Knowledgeable is GRANTED. Sanction are awarded against Defendant and its counsel in the amount of $1,068.40. Further responses shall be served within 30 days. I. MOTION TO COMPEL DEPOSITION A party may make a motion compelling a...

Excerpt: .... 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 SLAPP claim may bring an “anti-SLAPP” special motion to strike any cause of action “arising from any act of that pers...

Excerpt: ... 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. 318; se...

Excerpt: ...y 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 party opposing...

Excerpt: ...nt 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...

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: ...and file a notice of motion to strike the whole or any part thereof. (Code Civ. Proc., § 435(b)(1)). The notice of motion to strike a portion of a pleading shall quote in full the portions sought to be stricken except where 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 matte...

Excerpt: ...a judgment on the pleadings as to an entire complaint or as to a particular cause of action in a complaint. (Code Civ. Proc. § 438 subd. (c)(2)(A).) If a defendant moves for a judgment on the pleadings and argues that a complaint does not state facts sufficient to constitute 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 fac...

Excerpt: ...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 good cause justifying the discovery sought by...

Excerpt: ...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 counsel notice and an opportunity to be heard, may make an order quashing the subpoena entirely, modifying it, or directing compliance with it upon those terms or conditions as the court shall declare, including protective orders. In addition, the court may make any othe...

Excerpt: ...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.) “A corporation or association may be sued in the county where the contract is made or is to be performed, or where the obligation or liability arises, or the breach occurs; or in the county where the principal place of business of such corporation is situated, subject to the power of the court to cha...

Excerpt: ...ding 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. (Code Civ. Proc. § 473, subd. (b).) Plaintiff's motion consists of the following statement: Plaintiff alleges that he been suffering the COVID 19 novel virus infection in varying degrees of illness and impairment for a period ...

Excerpt: ...ourt has set a date for trial.” (Code Civ. Proc., § 428.50(a)–(b).) A cross-complaint filed outside either of the aforementioned times requires leave of court, which may be granted “in the interest of justice at any time during the court of the action.” (Code Civ. Proc., § 428.50(c).) A party who fails to plead a cause of action subject to the requirements of this article, whether through oversight, inadvertence, mistake, neglect, or ot...

Excerpt: ... 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. 318; see also Hahn. v. Mirda (2007) 147 Cal.App.4th 740, 747 [�...

Excerpt: ... file a notice of motion for one or more of the following purposes . . . (1) To quash service of summons on the ground of lack of jurisdiction of the court over him or her.” Substitute service is allowed when personal service cannot be effect by reasonable diligence by leaving the summons and complaint at the “dwelling house, usual place of abode, usual place of business, or usual mailing address other than a United States Postal Service post...

Excerpt: ...manding 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 good cause justifying the discovery s...

Excerpt: ...d. I. MOTION TO COMPEL FURTHER “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...

Excerpt: ...r, Inc. (2001) 91 Cal.App.4th 224, 232.) In determining whether a class settlement is fair, adequate and reasonable, the trial court should consider relevant factors, such as “the strength of plaintiffs' case, the risk, expense, complexity and likely duration of further litigation, the risk of maintaining class action status through trial, the amount offered in settlement, the extent of discovery completed and the stage of the proceedings, the ...

Excerpt: ...��) commenced this action against MoveCU, Inc. (“Defendant”) on September 25, 2020, alleging two causes of action for (1) breach of contract and (2) common counts. Plaintiff alleges that Defendant failed to make payments to Plaintiff as set forth in a written agreement between the parties. Thereafter, Defendant filed a Cross-Complaint and an Amended Cross-Complaint against Plaintiff, to which Plaintiff demurred. The Court overruled the demurr...

Excerpt: ... 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. 318; see also Hahn. ...

Excerpt: ...d. (a)(1).) A plaintiff opposing a motion to quash service for lack of personal jurisdiction “has the initial burden to demonstrate facts establishing a basis for personal jurisdiction.” (HealthMarkets, Inc. v. Superior Court (2009) 171 Cal.App.4th 1160, 1167.) If satisfied, the burden then shifts to defendant to show that exercise of jurisdiction would be unreasonable. (Id.) A court may exercise jurisdiction on any basis not inconsistent wit...

Excerpt: ...ocation 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 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 ag...

Excerpt: ...ld 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 and its ...

Excerpt: ...� 2030.010, subd. (a).) A propounding party may move for an order compelling further 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).) “On receipt of a response to requests for admissions, the party requesting admissions may move for an order compelling a further response,” if they contend the response is incomplete or that an objection ...

Excerpt: ...s GRANTED as to Special Interrogatories No. 3 and 4. Sanctions are DENIED. I. MOTION TO COMPEL FURTHER “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 ...

Excerpt: ...may make an order quashing the subpoena entirely, modifying it, or directing compliance with it upon those terms or conditions as the court shall declare, including protective orders. In addition, the court may make any other order as may be appropriate to protect the person from unreasonable or oppressive demands, including unreasonable violations of the right of privacy of the person.” (Code Civ. Proc., § 1987.1, subd. (a).) Plaintiff moves ...

Excerpt: ... 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 and its parts in the...

Excerpt: ...ng. (Code Civ. Proc. § 708.410, subd. (a).) Here, Peddie has filed a lien in this action from a purported money judgment entered against Thomas in LASC Case No. BC679247, Thomas v. Schnider. (a) Except as provided in subdivision (c) of Section 708.410, unless the judgment creditor's money judgment is first satisfied or the lien is released, the judgment recovered in the action or special proceeding in favor of the judgment debtor may not be enfo...

Excerpt: ...murrer 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 and its parts in their ...

Excerpt: ...all not be questioned regarding sexual history, shall be included in the stipulation. I. MOTION TO CONDUCT MENTAL EXAMINATION “If any party desires to obtain discovery by a physical examination other than that described in Article 2 (commencing with Section 2032.210), or by a mental examination, the party shall obtain leave of court.” (Code Civ. Proc., § 2032.310, subd. (a).) “A motion for an examination under subdivision (a) shall specify...

Excerpt: ....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 demurrer tests the pleadings a...

Excerpt: ...to arbitrate; (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 issue of law or fact.” (Code Civ. Proc., § 1281.2.) “[T]he party moving to compel arbitration bears the burden ...

Excerpt: ...e 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 conclusions of ...

Excerpt: ...f 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 demur...

Excerpt: ... A demurrer should be sustained only where the defects 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 ad...

Excerpt: ... defects 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, b...

Excerpt: ...perty. First, LACMTA seeks to establish that the standard of review is “gross abuse of discretion.” (Motion at p. 8.) Second, LACMTA seeks to establish that the evidence used to meet such a standard must come solely from the administrative record. (Motion at pp. 9–12.) And finally, LACMTA seeks to establish a briefing schedule for trial on Homestock's objection. (Motion at p. 12.) Homestock responds that extrinsic evidence may be allowed to...

Excerpt: ...dy, 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 inadequate, incomplete, or evasive, or (3) an objection in the response is without merit or too general. (Code Civ. Proc., § 2031...

Excerpt: ...d to manifestations in vehicles of the same year, make, and model as the subject vehicle; DENIED as to the other requests; and  GRANTED as to Alusha's emails with GSP, and as to the screenshots and videos referenced in Alusha's PTSST correspondence; and  GRANTED as to the question to Heather Gurocak regarding communications with others who were not Defendant's attorney regarding the subject vehicle, and DENIED as to all other questions. No ...

Excerpt: ...s establishing a basis for personal jurisdiction.” (HealthMarkets, Inc. v. Superior Court (2009) 171 Cal.App.4th 1160, 1167.) If satisfied, the burden then shifts to defendant to show that exercise of jurisdiction would be unreasonable. (Id.) A court may exercise jurisdiction on any basis not inconsistent with the Constitution of California or of the United States. (Code Civ. Proc., § 410.10.) The exercise of personal jurisdiction is constitut...

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 also Hahn. 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 th...

Excerpt: ...rticular, 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 conclusions of fact or law. . . . Further, we give the complaint a reasonable int...

Excerpt: ... Any party, within the time allowed to respond to a pleading, may serve and file a notice of motion to strike the whole or any part thereof. (Code Civ. Proc., § 435(b)(1)). The notice of motion to strike a portion of a pleading shall quote in full the portions sought to be stricken except where 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 stri...

Excerpt: ...lly to portions of the deposition testimony offered by Defendant Robin Haim in other actions in which he described his management activities in relation to his properties and co-defendants Laurel and Fairfax. These objections are OVERRULED. I. SUMMARY JUDGMENT A party may move for summary judgment “if it is contended that the action has no merit or that there is no defense to the action or proceeding.” (Code Civ. Proc. § 437c, subd. (a).) �...

Excerpt: ... 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 conclusions of fact or law....

Excerpt: ...ent 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. 318; see also Hahn. v. Mirda (2007) 147 Cal.A...

Excerpt: ...t 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 inadequate, incomplete, or evasive, or (3) an objection in the response is without merit or too gener...

Excerpt: ...he arbitration agreement exists, unless (1) the petitioner has waived its right to arbitrate; (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 issue of law or fact.” (Code Civ. ...

Excerpt: ...ENT ON THE PLEADINGS A party may move for a judgment on the pleadings as to an entire complaint or as to a particular cause of action in a complaint. (Code Civ. Proc. § 438 subd. (c)(2)(A).) If a defendant moves for a judgment on the pleadings and argues that a complaint does not state facts sufficient to constitute 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 l...

Excerpt: ... interest will be prejudiced if the record is not sealed; (4) The proposed sealing is narrowly tailored; and (5) No less restrictive means exist to achieve the overriding interest. (California Rules of Court (“CRC”) Rule 2.550, subd. (d).) A party moving to seal records must make a sufficient evidentiary showing to overcome the presumed right of public access to the documents. (see Huffy Corp. v. Superior Court (“Huffy”) (2003) 112 Cal.Ap...

Excerpt: ...rty 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 party opposi...

Excerpt: ... 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. 318; see also Hahn. ...

Excerpt: ...use 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 ...

Excerpt: ...f 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 not contentions, deduction...

Excerpt: ...uests No. 17 and 18;  GRANTED as to Form Interrogatories No. 15.1 and 17.1, and DENIED as to 4.1 and 12.1–12.3;  GRANTED as to Special Interrogatories No. 29, 30, 33–42, 45, 46, and 47, and DENIED as to Interrogatories No. 1, 5–7, 10–18, 25, 26, 31, 43, 44, 48, and 49;  GRANTED as to Requests for Admission No. 16, 52, 53, 61–65, 69, 70, 72, and 73. No sanctions are awarded. I. MOTION TO COMPEL FURTHER “A party may demand that...

Excerpt: ...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 alone ...

Excerpt: ... JUDGEMENT A party may move for summary judgment “if it is contended that the action 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 judgm...

Excerpt: ...he cites Code of Civil Procedure § 473.5, but that statute applies to default judgments and lack of notice of an action, not lack of notice for individual motions. Nor may Therrien obtain relief under Code of Civil Procedure § 473, subd. (a) or (b), as the former addresses leave to amend pleadings, while the latter has a six-month deadline to seek relief which, given the January 2020 date of the order being challenged, expired more than a year ...

Excerpt: ... The following objections to the Capato declaration are SUSTAINED: No. 1, regarding an engagement letter that is not properly authenticated, and Nos. 10–12, 17, 18, 21, and 23–25, to the extent that Capata attributes a agency relationship between Plaintiffs and the individuals and entities (Hogan, HCVT) that were involved in the sale of stock at issue. The other objections are OVERRULED. The objections to the Taubman declaration are also OVER...

Excerpt: ...“[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 par...

Excerpt: ...stice, or the economy and efficiency of handling the litigation would be promoted thereby, on motion of a party, after notice and hearing, make an order . . . that the trial of any issue or any part thereof shall precede the trial of any other issue or any part thereof in the case . . . .” (Code Civ. Proc., § 598.) “It is within the discretion of the court to bifurcate issues or order separate trials of actions, such as for breach of contrac...

Excerpt: ...[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 party ...

Excerpt: ... costs.” (Civ. Code § 5975, subd. (c).) “Governing documents” means “the declaration and any other documents, such as bylaws, operating rules, articles of incorporation, or articles of association, which govern the operation of the common interest development or association.” (Civ. Code § 4150.) “It is well established that the determination of what constitutes reasonable attorney fees is committed to the discretion of the trial cou...

Excerpt: ...the following are SUSTAINED: Nos. 2–8, which involve Mikhov's testimony on the facts of the underyling case for which he lacks personal knowledge, and No. 33, in which Mikhov relays the prices other attorneys told him they charge pursuant to a hearsay canvas he conducted. Defendants' remaining objections are OVERRULED. Mikhov possesses sufficient knowledge to testify to the identity and qualifications of the attorneys who worked on the case und...

Excerpt: ...ion of Adam Zolonz are SUSTAINED on hearsay grounds. Objections No. 4–13 are OVERRULED, for the same reasons Defendants' objections to the Bravo declaration are overruled. Objection No. 14 is SUSTAINED, as Zolonz does not have personal knowledge of the underlying facts of this case. But Objections No. 15–16 are OVERRULED. II. MOTION FOR ATTORNEY FEES Plaintiff here asks for $128,350.11, representing an attorney fee lodestar of $86,255.50, $7,...

Excerpt: ...n an action who asserts a ‘real property claim.' [Citation.] Section 405.4 defines a ‘“Real property claim”' as ‘the cause or causes of action in a pleading which would, if meritorious, affect (a) title to, or the right to possession of, specific real property . . . .' ‘If the pleading filed by the claimant does not properly plead a real property claim, the lis pendens must be expunged upon motion under CCP 405.31.' [Citation.]” (Ki...

Excerpt: ...ndants' anti-SLAPP motion. (Girten Decl. ¶ 7.) Code of Civil Procedure § 425.16, subd. (c)(1) states 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, . . ....

Excerpt: ...or personal jurisdiction.” (HealthMarkets, Inc. v. Superior Court (2009) 171 Cal.App.4th 1160, 1167.) If satisfied, the burden then shifts to defendant to show that exercise of jurisdiction would be unreasonable. (Id.) A court may exercise jurisdiction on any basis not inconsistent with the Constitution of California or of the United States. (Code Civ. Proc., § 410.10.) The exercise of personal jurisdiction is constitutionally permissible only...

Excerpt: ...ion, custody or control. (Code Civ. Proc., § 2031.010.) A party may likewise conduct discovery by propounding interrogatories to another party to be answered under oath. (Code Civ. Proc. § 2030.010, subd. (a).) The responding party must respond to the production demand either by complying, by representing that the party lacks the ability to comply, or by objecting to the demand. (Code Civ. Proc., § 2031.210.) The responding party must respond ...

Excerpt: ...her testimony. Plaintiff's objections are principally based on the rule announced in D'Amico v. Board of Medical Examiners (1974) 11 Cal.3d 1, in which the court held that on summary judgment the court could disregard testimony offered in affidavits submitted with the moving papers for a motion for summary judgment that clearly contradicted prior admissions in discovery. (Id. at p. 22.) Plaintiff's objections are unpersuasive for two reasons. Fir...

Excerpt: ...roposed 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. (Code Civ. Proc. § 473, subd. (b).) Defendant Wendy Santiago moves to vacate the default entered against her on May 24, 2019, on the grounds that she has continually believed herself to be an active defendant in this case and did no...

Excerpt: ...requires to protect any party or other person from unwarranted annoyance, embarrassment, or oppression, or undue burden and expense.” (Code Civ. Proc §§ 2030.090, subd. (b); 2031.060, subd. (b).) “Trial courts generally have the inherent power to stay proceedings in the interests of justice and to promote judicial efficiency.” (Freiberg v. City of Mission Viejo (1995) 33 Cal.App.4th 1484, 1489.) The decision of a trial court to stay proce...

Excerpt: ...fendants Yevgeny Moiseyev and Yelena Shcherbina's Motion to Strike Portions of the First Amended Complaint is GRANTED without leave to amend as to the entirety of FAC ¶¶ 18–20 and 48-l, and as to that portion of FAC ¶ 47 pertaining to “corporate lawyer(s).” The motion is otherwise DENIED. I. DEMURRER A demurrer should be sustained only where the defects appear on the face of the pleading or are judicially noticed. (Code Civ. Pro., §§ 4...