Excerpt: ...ore the American Arbitration Association (AAA), as Defendant insists. If the arbitration agreement provides a method of appointing an arbitrator, that method shall be followed. If the arbitration agreement does not provide a method for appointing an arbitrator, the parties to the agreement who seek arbitration and against whom arbitration is sought may agree on a method of appointmg an arbitrator and that method shall be followed. In the absence ...

Excerpt: ...ing the granting of Plaintiffs motion to disquali$ and subsequent appeal, no ruling was ultimately entered. Defendant filed another motion to sequence discovery based on manageability concerns on November 2, 2021, which this court granted, based on new case authorit•y that Defendant presented, indicating that PAGA claims were subject to dismissal for unmanageability, just as class actions were. (See Wesson v. Staples the once Superstore, LLC (2...

Excerpt: ...re, 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. S 430.10, subd. As the Supreme Court held in Blankv. Kirwan (1985) Cal.3d 311: MWe treat the demurrer as admitting all material facts properly pleaded, butnot contentions, deductions or conclusions of fact or law.... Further, we gwe the complaint a reasonable interpretation, reading It as a whole and its...

Excerpt: ... is no triable issue as to any material fact and that the moving party is entitled to judgment as a matter of law," the movmg parv mll 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 motion for summary judgment (Code Civ. Proc. 5 437c, su...

Excerpt: ...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. . . . Further, we give the complain...

Excerpt: ...ntrol 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., § 2031.310(a).)...

Excerpt: ...hin 30 days. 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).) The motion must include a meet-and-confer declaration and show good cause for the discovery sought. (Code Civ. Proc. § 2025.450, subd. (b)(1), (2).) Plaintiffs James White and Dawn J...

Excerpt: ... 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 general. (Co...

Excerpt: ...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 Mechanical Contractors Assn. v. Greater Bay Area Assn. (1998) 66 Cal.App.4th 672, 677.) “The st...

Excerpt: ...ng party may demand a responding party to produce documents that are in their possession, 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 object...

Excerpt: ...reat 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 the ...

Excerpt: ... 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 a...

Excerpt: ...lly reopened following reversal of a judgment on appeal, and further argues that a discretionary reopening of discovery is proper under Code of Civil Procedure § 2024.050. (Motion at pp. 8–13.) Plaintiff in opposition argues that no automatic reopening of discovery occurred after the reversal because discovery had already closed prior to the court's granting of the dispositive motion. Plaintiff also argues that Defendant's proposed discovery i...

Excerpt: ...failure to engage in the interactive process included under other causes of action, as well as allegations of “separate bases” of liability that articulate different legal theories from the causes of action containing such allegations. 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., §§ 430.30, et seq.) In particular, as is relevant here, a court...

Excerpt: ... 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 evasive, or that the responding party asserted objections that are either without merit or...

Excerpt: ...ency of an arbitration proceeding, the failure to pay such fees “within 30 days after the due date” constitutes a “material breach of the arbitration agreement” by the drafting party and a waiver of the right to compel or continue arbitration. (Code Civ. Proc. §§ 1281.97, subd. (a)(1); 1281.98, subd. (a)(1).) If the breach is in regards to the fees to initiate arbitration, the employee or consumer may choose either to withdraw the claim...

Excerpt: ...ought by a person in the public interest under subdivision (d), the plaintiff shall submit the settlement, other than a voluntary dismissal in which no consideration is received from the defendant, to the court for approval upon noticed motion, and the court may approve the settlement only if the court makes all of the following findings: (A) The warning that is required by the settlement complies with this chapter. (B) The award of attorney's fe...

Excerpt: ...I. MOTION TO COMPEL FURTHER – PRODUCTION OF DOCUMENTS “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 ...

Excerpt: ...rences 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 motion for summ...

Excerpt: ... 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 evasive, or that the responding par...

Excerpt: ... 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.App.4th 740, 747 [...

Excerpt: ... to provide Notice. 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).) The motion must include a meet-and-confer declaration and show good cause for the discovery sought. (Code Civ. Proc. § 2025.450, subd. (b)(1), (2).) 1. Defendant's Motion Defenda...

Excerpt: ...ither by complying, by representing that the party lacks the ability to comply, or by objecting to the demand. (Code Civ. Proc., § 2031.210.) If the responding party fails to serve timely responses, the propounding party may move for an order compelling responses to the production demand and interrogatories. (Code Civ. Proc., §2031.300.) A party who fails to serve a timely response to a demand for inspection waives any objection to the demand. ...

Excerpt: ...e 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 this code. “The ...

Excerpt: ...88 Cal.App.3d 1004, 1014 [an attorney who voluntarily abandons a case without good cause will be denied compensation].) This court lacks jurisdiction to entertain Plaintiff's motion: Appellate courts have consistently held that the trial court in the underlying action has no jurisdiction to determine the existence or validity of an attorney's lien on the judgment. The trial court does have fundamental jurisdiction over the subject matter and over...

Excerpt: ...Ns TO COMPEL FURTHER — DOCUMENTS “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 compl...

Excerpt: ... 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 other order as may be appropriate to protect the person from unreasonable or oppressive demands, including unreasonable v...

Excerpt: ...d into by the plaintiff or other claimant and one or more alleged tortfeasors or co-obligors, upon giving notice in the manner provided in subdivision (b) of Section 1005. Upon a showing of good cause, the court may shorten the time for giving the required notice to permit the determination of the issue to be made before the commencement of the trial of the action, or before the verdict or judgment if settlement is made after the trial has commen...

Excerpt: ...rved of interactions between her dogs and Cross-Complainants', as well as to the practices she's adopted in response thereto. 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 evidence and uncontradicted by ...

Excerpt: ... 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 evasive, or that the responding party asserted objections that are either without merit or too general. (Code Civ...

Excerpt: ...ations of Peter Kiefer and Maer Roshan, who testify that the article in question was rigorously fact-checked, and that they believe its claims are true. These objections are OVERRULED. Defendant in reply objects to portions of Plaintiff's declaration submitted in opposition to this motion. Objections No. 4–6 and 9–12 are SUSTAINED, as they concern reputational damage from specific statements made without foundation or only on information and ...

Excerpt: ...ing 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 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 ...

Excerpt: ...r negligent misrepresentation. Plaintiff is directed to join as necessary parties Eric Gene Goduco, Ma Peciosa Goduco, Odilon Aquino, Marinette C. Peterson, and Danilo S. Peralta. Defendants to provide notice. 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., §§ 430.30, et seq.) A court should sustain a demurrer if a complaint does not allege facts th...

Excerpt: ... 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. (Code Civ. Proc., § 2030.300; Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 403.) The propounding party must demo...

Excerpt: ...ally 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 ...

Excerpt: ...ed 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 evasive, or ...

Excerpt: ...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 amendment of t...

Excerpt: ...tricken 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 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 ...

Excerpt: ...pt 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 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 ...

Excerpt: ... Civil Procedure section 1013. If the cost memorandum was served electronically, the period is extended as provided in Code of Civil Procedure section 1010.6(a)(4).” (California Rules of Court Rule 3.1700, subd. (b)(1).) “Code of Civil Procedure section 1032, subdivision (b) [], guarantees prevailing parties in civil litigation awards of the costs expended in the litigation: ‘Except as otherwise expressly provided by statute, a prevailing p...

Excerpt: ...to have $100,000 of the attorney fee award allocated to them, pursuant to a Joint Prosecution and Fee-sharing Agreement (JPA) executed between moving parties and Plaintiff's other counsel Christopher Hamner and Christopher Olsen on June 9, 2022, between the preliminary approval of the class action settlement and its final approval. Under that agreement, moving parties are to receive 25% of the fee award from the settlement, while Olsen and Hamner...

Excerpt: ...cy of the Concours d'Elegance program overseen by Plaintiff in her time with the City, and Plaintiff's objections sound in foundation and hearsay as to the sources of their opinions. These objections are OVERRULED, as Hunt-Coffey and Buhagiar's testimony concerning the reasons behind their official actions is admissible to explain why they acted, even if the truth of matters relied upon is not admissible. Plaintiff's objections are SUSTAINED, how...

Excerpt: ...” if that witness “fails to appear for examination, or to proceed with it.” (Code Civ. Proc. § 2025.450, subd. (a).) The motion must include a meet-and-confer declaration and show good cause for the discovery sought. (Code Civ. Proc. § 2025.450, subd. (b)(1), (2).) Defendant and Cross-Complainant Leila Afifi (Defendant) moves to compel the deposition of Plaintiff and Cross-Defendant USC Investments, Inc.'s (USC) person most qualified (PMQ...

Excerpt: ...he manner of partition.” (Code Civ. Proc. § 872.720, subd. (a).) “ ‘[P]artition' is ‘the procedure for segregating and terminating common interests in the same parcel of property.' ” (14859 Moorpark Homeowner's Assn. v. VRT Corp. (1998) 63 Cal.App.4th 1396, 1404-1405, 74 Cal.Rptr.2d 712.) It is a “ ‘ “remedy much favored by the law. The original purpose of partition was to permit cotenants to avoid the inconvenience and dissensio...

Excerpt: ... 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. (Code Civ. Proc. § 473, subd. (b).) Plaintiff Elena Mondragon (Plaintiff) seeks relief from this court's order of June 20, 2022, which granted Defendants' motion for terminating sanctions for failure t...

Excerpt: ...ed in Code of Civil Procedure section 1010.6(a)(4).” (California Rules of Court Rule 3.1700, subd. (b)(1).) “Code of Civil Procedure section 1032, subdivision (b) [], guarantees prevailing parties in civil litigation awards of the costs expended in the litigation: ‘Except as otherwise expressly provided by statute, a prevailing party is entitled as a matter of right to recover costs in any action or proceeding.'” (Williams v. Chino Valley...

Excerpt: ...ered 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 evasive, o...

Excerpt: ...uce them to Defendant subject to privilege objections and a privilege log within 20 days. I. MOTION TO QUASH DEPOSITION 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...

Excerpt: ...pelling 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]he mo...

Excerpt: ...te West, rather than before the American Arbitration Association (AAA), as Defendant insists. If the arbitration agreement provides a method of appointing an arbitrator, that method shall be followed. If the arbitration agreement does not provide a method for appointing an arbitrator, the parties to the agreement who seek arbitration and against whom arbitration is sought may agree on a method of appointing an arbitrator and that method shall be ...