Excerpt: ...f discovery shall remain in effect until notice of entry of the order ruling on the motion. The court, on noticed motion and for good cause shown, may order that specified discovery be conducted notwithstanding this subdivision. (Code Civ. Proc. § 425.16, subd. (g).) Plaintiff seeks leave to take the deposition of Defendant Mary Ellen Attridge (Defendant) in order to determine whether the alleged defamatory statements were made with actual malic...

Excerpt: ...�� ‘[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 dissension arising from sharing joint possession of land. An additional reason...

Excerpt: ...arty 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. (Code Civ. Proc., § 2030.300; Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App....

Excerpt: ...motions, Inc. are GRANTED as to Requests and Topics No. 1–11, 26–49, 51–55, 57, and 59. The motions are DENIED as to Requests and Topics No. 12–25, 32–37, 50, 56, 58, 60, and 61. No sanctions are awarded. 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., § 203...

Excerpt: ...rosecution pursuant to this article on its own motion or on motion of the defendant if to do so appears to the court appropriate under the circumstances of the case. (Code Civ. Proc. § 583.410, subd. (a).) CRC Rule 3.1342 describes relevant considerations for such a motion: In ruling on the motion, the court must consider all matters relevant to a proper determination of the motion, including: (1) The court's file in the case and the declaration...

Excerpt: ...anctions are awarded. I. MOTIONS TO QUASH DEPOSITION NOTICE & COMPEL DEPOSITION “[A] party may also move for an order staying the taking of the deposition and quashing the deposition notice. This motion shall be accompanied by a meet and confer declaration under Section 2016.040. The taking of the deposition is stayed pending the determination of this motion.” (Code Civ. Proc., § 2025.410, subd. (c).) Conversely, a party may make a motion co...

Excerpt: ...e third cause of action for defamation asserted by Greenwood, as to the fourth cause of action for intentional interference with economic relations asserted by both Cross-Complainants, and as to the prayer for punitive damages. I. OBJECTIONS Cross-Complainants Jenny Greenwood and Heritage Estate Management (Cross-Complainants) object to various materials submitted in support of Cross-Defendants' Anita Rogers and British American Household Staffin...

Excerpt: ...dant City of Palmdale moves to compel further responses to Requests for Admission No. 1–9 from Plaintiffs City Ventures, LLC and CV Communities, LLC (Plaintiffs). Although Plaintiffs offered denials for the admissions at issue, Palmdale seeks an order overruling the objections to which Plaintiff's responses were made subject. Palmdale's motions are an idle exercise. It has received responses to each request — eight denials and one representat...

Excerpt: ...nd NKS Laboratories, Ltd., in the amount of $502,840.34. A. CONTENTS OF THE PETITION “Any party to an arbitration in which an award has been made may petition the court to confirm, correct or vacate the award. The petition shall name as respondents all parties to the arbitration and may name as respondents any other persons bound by the arbitration award.” (Code Civ. Proc., § 1285.) A petition must include (a) the substance of or have attach...

Excerpt: ...rved in another manner specified in this article and that either: (1) A cause of action exists against the party upon whom service is to be made or he or she is a necessary or proper party to the action. (2) The party to be served has or claims an interest in real or personal property in this state that is subject to the jurisdiction of the court or the relief demanded in the action consists wholly or in part in excluding the party from any inter...

Excerpt: ...ng an action in favor of the aggrieved party. Misuse of the discovery process includes failing to respond or submit to authorized discovery, providing evasive discovery responses, disobeying a court order to provide discovery, unsuccessfully making or opposing discovery motions without substantial justification, and failing to meet and confer in good faith to resolve a discovery dispute when required by statute to do so. The court may impose sanc...

Excerpt: ...th 368, 384.) The application to reconsider the matter and modify, amend, or revoke the prior order must be made within 10 days after service upon the party of written notice of entry of the order to the same judge or court that made the order. (Code Civ. Proc. § 1008(a).) [1] A motion for reconsideration may only be brought if the party moving for reconsideration can offer “new or different facts, circumstances, or law” which it could not, ...

Excerpt: ...duced upon the return of a verdict for plaintiff awarding actual damages and finding that a defendant is guilty of malice, oppression, or fraud, as stated in Civil Code § 3295, subd. (d); · The motion is DENIED as to Requests No. 28–33. · The motion is GRANTED as to Requests No. 34 and 35. Responsive computer devices and systems need only be made available at trial for the purpose of facilitating Plaintiffs' questioning of Defendant Haim, wi...

Excerpt: ...ll 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. (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 f...

Excerpt: ...r 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 demonstrate that...

Excerpt: ...in part on any conditions that may be just.” (Code Civ. Proc. § 410.30, subd. (a).) In determining whether to grant a motion based on forum non conveniens, a court must first determine whether the alternate forum is a “suitable” place for trial. If it is, the next step is to consider the private interests of the litigants and the interests of the public in retaining the action for trial in California. The private interest factors are those...

Excerpt: ...nctions terminating an action in favor of the aggrieved party. Misuse of the discovery process includes failing to respond or submit to authorized discovery, providing evasive discovery responses, disobeying a court order to provide discovery, unsuccessfully making or opposing discovery motions without substantial justification, and failing to meet and confer in good faith to resolve a discovery dispute when required by statute to do so. The cour...

Excerpt: ...nces 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 summar...

Excerpt: ...(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: ...uthentication, however, has been remedied in reply by Plaintiff's filing of a declaration authenticating the relevant exhibits. Defendants also object to the declaration of Plaintiff included with the exhibits, as it includes assertions of his understanding of the parties' conduct with respect to contract formation. These objections are OVERRULED, as Plaintiff may testify to his understanding of the contract. Plaintiff's objections to the declara...

Excerpt: ...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 defects appear on the face of the p...

Excerpt: ...t 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. v. M...

Excerpt: ... 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 moti...

Excerpt: ...e 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 pa...

Excerpt: ... 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).) This court on April 14, 2022, granted Plaintiff Linda Romero's motion to compel the deposition of Defendant 99 Cents Only Stores, LLC's (Defendant) person m...