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

Excerpt: ...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 par...

Excerpt: ...tered pursuant to the parties section 998 agreement contains no provision for prejudgment interest, to which Ohanian contends he is entitled under Civil Code §§ 3287 and 3291. (Motion at pp. 3–4.) “The authority of a trial court to grant a new trial is established and circumscribed by statute. ‘Section 657 sets out seven grounds for such a motion: (1) “[i]rregularity in the proceedings'; (2) “[m]isconduct of the jury”; (3) “[a]cci...

Excerpt: ...l the means necessary to carry it into effect are also given; and in the exercise of this jurisdiction, if the course of proceeding be not specifically pointed out by this Code or the statute, any suitable process or mode of proceeding may be adopted which may appear most conformable to the spirit of this code. “Code of Civil Procedure section 187 authorizes a trial court to amend a judgment to add judgment debtors. The court may exercise its a...

Excerpt: ...for punitive damages. 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 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 31...

Excerpt: ...er 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 cont...

Excerpt: ...morandum 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 party is entitled as a matter of right to reco...

Excerpt: ... 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. (Code Civ. Proc., § 2030.300; Sinaiko Healthcare Consulting, Inc. v. Pacific Healthc...

Excerpt: ...urrer 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 c...

Excerpt: ...aived 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. Proc., § 1281.2.) “[T]he party moving to compel arbitration b...

Excerpt: ...285, subd. (a).) If another party contests this claim, they may file a motion with the court contesting the claim within 30 days of receiving it. (Code Civ. Proc. § 2031.285, subd. (d)(1).) When a lawyer who receives materials that obviously appear to be subject to an attorney-client privilege or otherwise clearly appear to be confidential and privileged and where it is reasonably apparent that the materials were provided or made available throu...

Excerpt: ... 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 too general. ...

Excerpt: ...oticed. (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: ... there is no defense to the action or proceeding.” (Code Civ. Proc. § 437c, subd. (a).) “[I]f all the evidence submitted, and all inferences reasonably deducible from the evidence and uncontradicted by other inferences or evidence, show that there is no triable issue as to any material fact and that the moving party is entitled to judgment as a matter of law,” the moving party will be entitled to summary judgment. (Adler v. Manor Healthcar...

Excerpt: ...ed by privilege, they may serve notice of this claim on other parties. (Code Civ. Proc. § 2031.285, subd. (a).) If another party contests this claim, they may file a motion with the court contesting the claim within 30 days of receiving it. (Code Civ. Proc. § 2031.285, subd. (d)(1).) When a lawyer who receives materials that obviously appear to be subject to an attorney-client privilege or otherwise clearly appear to be confidential and privile...

Excerpt: ...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. Mirda (2007) 14...

Excerpt: ...rer 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 con...

Excerpt: ...ss to the record; (2) The overriding interest supports sealing the record; (3) A substantial probability exists that the overriding 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 t...

Excerpt: ...lly 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. Mirda (2007...

Excerpt: ...re 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 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...

Excerpt: ...TO COMPEL ARBITRATION On petition of a party to an arbitration agreement to arbitrate a controversy, a court must order the petitioner and respondent to arbitrate the controversy if it determines the 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 pr...

Excerpt: ...c. § 1032, subd. (b)), and among those costs recoverable are attorney fees when authorized by contract, statute, or law. (Code Civ. Proc. § 1033.5, subd. (a)(10).) Newton argues that he is entitled to attorney fees under either the Purchase Agreement or Operating Agreement attached to Newton's TAC. Newton was not a party to the purchase agreement, but paragraph 6.15 of same states: In case any proceeding, whether at law, in equity or in arbitra...

Excerpt: ...at 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. ...

Excerpt: ...s  GRANTED as to the Special Interrogatories issued to George Dailinger  GRANTED as to Special Interrogatories No. 5, 8, 9, 14, 15, 20, 21, 26, 27, 32, and 33 issued to the Estate, and DENIED as to Special Interrogatories No. 44, 46, and 65  GRANTED as to Requests for Production No. 8, 9, 13, 14, 18, 19, 23, 24, 28–31, 55, and 56 issued to the Estate  DENIED as to the motion to compel the authorization of release of records. I. MOTI...

Excerpt: ...and belief, formed after an inquiry reasonable under the circumstances, all of the following conditions are met: (1) It is not being presented primarily for an improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation. (2) The claims, defenses, and other legal contentions therein are warranted by existing law or by a nonfrivolous argument for the extension, modification, or reversal of existi...

Excerpt: ...ay enter judgment pursuant to the terms of the settlement. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement. “Section 664.6 permits the trial court judge to enter judgment on a settlement agreement without the need for a new lawsuit. [Citation.] It is for the trial court to determine in the first instance whether the parties have en...

Excerpt: ...lie Gispan's objection to the Tatishivili declaration are OVERRULED. Her objections to the declaration of Dilip Khatri are also OVERRULED, save for Objection No. 8 concerning Khatri's characterization of Defendants' conduct as negligence per se. Eran Gispan and N.E. Design's objections to the Khatri declaration are OVERRULED, save for Objection No. 7 concerning Khatri's characterization of Defendants' conduct as negligence per se. Their objection...

Excerpt: ...easonably 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 other order as may be appropriate to protect the person from unreasonable or opp...

Excerpt: ... interest supports sealing the record; (3) A substantial probability exists that the overriding 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 pub...

Excerpt: ...ause 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: ...roc. § 1032, subd. (b)), and among those costs recoverable are attorney fees when authorized by contract, statute, or law. (Code Civ. Proc. § 1033.5, subd. (a)(10).) Newton argues that he is entitled to attorney fees under either the Purchase Agreement or Operating Agreement attached to Newton's TAC. Newton was not a party to the purchase agreement, but paragraph 6.15 of same states: In case any proceeding, whether at law, in equity or in arbit...

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: ...laint 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....

Excerpt: ...s “from continuing publication of any libelous statements, removal from any and all website locations, and retraction from any published newspapers or websites.” (Proposed Order.) Plaintiffs argue that Moregain has allowed the defamatory article that is the subject of this lawsuit to remain on its website, (Motion at p. 3.) Code of Civil Procedure, section 526, subdivision (a) provides that the court “may” grant an injunction in the follo...

Excerpt: ...its objections to the Mary Lynn Arens declaration, save for Objection No. 1, in which Arens surmises as to the nature of Huante's fee agreement with her counsel, which is SUSTAINED. I. MOTION FOR ATTORNEY FEES Huante here moves for a total attorney fee and cost award of $62,316.62, representing a fee lodestar of $37,677.50, a lodestar multiplier of 0.5 (or $18,838.75), and costs in the amount of $5,800.37. (Motion at p. 2.) Parties to litigation ...

Excerpt: ...tress, humiliation, mental and physical pain and anguish, anxiety, stress, and depression. I. MOTION TO COMPEL AUTHORIZATION ON 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),...

Excerpt: ...��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 judgment as a matter of law,” the moving party will b...

Excerpt: ...he plaintiff is entitled to the relief demanded, and the relief, or any part thereof, consists in restraining the commission or continuance of the act complained of, either for a limited period or perpetually. (2) When it appears by the complaint or affidavits that the commission or continuance of some act during the litigation would produce waste, or great or irreparable injury, to a party to the action. (3) When it appears, during the litigatio...

Excerpt: ...to Special Interrogatories No. 14, 15, 30, 31, 45, 49–54, 57–60, 62, 63, 65, 67–69, 71, 72, 74, 76–78, 81, 82, 90, 99, 125, 126, 129, 131, and 134–136;  GRANTED as to Requests No. 2, 3, 16, 23–26, 41, 44, and 47–66. It is GRANTED IN PART as to Requests No. 37–40, subject to redaction of the identifying information of complainants, which may be dispensed with upon proper service of a Belaire-West notice. The motion is DENIED as ...

Excerpt: ... (See Code Civ. Proc. § 437c, subd. (q).) 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).) “[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...

Excerpt: ...esponses within 20 days. All sanctions requests are DENIED. Plaintiff to provide notice. 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: ...nnel records from these entities; and The subpoenas to Alonso Cardenas, M.D., Kaiser Permanente, and Kaiser Permanente Parsons West-Billing Records, are MODIFIED to be limited to records related to Tanabe's suffering of humiliation, embarrassment, shunning, fear, mental and emotional distress, discomfort, and mental anguish. The records shall also be limited to those from January 1, 2015, to the present A. MOTION TO QUASH DEPOSITION SUBPOENA “I...

Excerpt: ...ge, information, and belief, formed after an inquiry reasonable under the circumstances, all of the following conditions are met: (1) It is not being presented primarily for an improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation. (2) The claims, defenses, and other legal contentions therein are warranted by existing law or by a nonfrivolous argument for the extension, modification, or r...

Excerpt: ...position in that year, and her Orizaba-to-Miracle reassignment in 2012.  GRANTED as to the second cause of action for retaliation claims arising from the failure to promote Oden in 2013; DENIED as to the Orizaba-to-Miracle reassignment that occurred in 2012.  GRANTED as to Oden's CFRA retaliation cause of action arising from the denial of the 2013 promotion, and otherwise DENIED. Plaintiff to give notice. A. OBJECTIONS The City in reply off...

Excerpt: ...ode Civ. Proc. § 437c, subd. (a).) “[I]f all the evidence submitted, and all inferences reasonably deducible from the evidence and uncontradicted by other inferences or evidence, show that there is no triable issue as to any material fact and that the moving party is entitled to judgment as a matter of law,” the moving party will be entitled to summary judgment. (Adler v. Manor Healthcare Corp. (1992) 7 Cal.App.4th 1110, 1119.) A motion for ...

Excerpt: ... of action. Defendant 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.) 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. Kirw...

Excerpt: ...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 the responses ...

Excerpt: ...ain 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 parts i...

Excerpt: ...nce 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 proceed in all proc...

Excerpt: ... Cause of Action for Breach of the Covenant of Good Faith and Fair Dealing;  SUSTAINED with leave to amend as to the Third Cause of Action for violation of the UCL;  GRANTED with leave to amend as to the prayer for punitive damages;  DENIED as to allegations of compensatory damages and prayers for injunctive relief. I. DEMURRER A demurrer should be sustained only where the defects appear on the face of the pleading or are judicially noti...

Excerpt: ...xceed two per hour. Defendants San Dimas Fitness, LLC, Murreita Fitness and Health, LLC, Harman Fitness, LLC, Fitness Club Management, LLC, and Moreno Valley Fitness, Inc.'s Motion to Compel Plaintiff's Authorization for Release of Medical Records from Outreach Nation Clinic is GRANTED in part. The subpoena shall be limited to records created on or after January 1, 2015. Likewise, the subject of these records must be limited to psychological and ...

Excerpt: ...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 complaint a reasonabl...

Excerpt: ... Suspension Order filed by California's Department of Health Care Services against Creative Care in December 2019, as well an email from a neighbor complaining of congestion caused by Plaintiff's facility, and several negative reviews from the Yelp website. The court SUSTAINS these objections to the extent these materials are introduced to support the truth of the assertions contained therein, but OVERRULES the objections to the extent McEntyre o...

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: ...nce of the parties in this case. 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 ...

Excerpt: ... 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. Mirda (2007) 1...

Excerpt: ...0.10, 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: ..., including a $435 first appearance fee and $152.75 for filing the anti-SLAPP. (Naiman Decl. ¶¶ 5–11.) 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 spec...

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: ...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 complaint a reasonabl...

Excerpt: ...cealment.  SUSTAINED with leave to amend as the Seventh and Eighth Causes of Action for Failure to Accommodate and Failure of Good Faith Interactive Process, and the Eleventh and Twelfth Causes of Action for Intentional and Negligent Representation.  OVERRULED as to the Fourth Cause of Action for Discrimination, Fifth Cause of Action as alleged against Bright Horizons Family Solutions and Bright Horizons Children's Centers, Ninth Cause of A...

Excerpt: ...rial 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 plead...

Excerpt: ...ED. 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 other inferences or evidence, show that there is no triable issue as to any material fact and that the moving party is entitle...

Excerpt: ...e of this claim on other parties. (Code Civ. Proc. § 2031.285, subd. (a).) If another party contests this claim, they may file a motion with the court contesting the claim within 30 days of receiving it. (Code Civ. Proc. § 2031.285, subd. (d)(1).) When a lawyer who receives materials that obviously appear to be subject to an attorney-client privilege or otherwise clearly appear to be confidential and privileged and where it is reasonably appare...

Excerpt: ...urrer pursuant to this chapter, the demurring party shall meet and confer in person or by telephone with the party who filed the pleading that is subject to demurrer for the purpose of determining whether an agreement can be reached that would resolve the objections to be raised in the demurrer. If an amended complaint, cross-complaint, or answer is filed, the responding party shall meet and confer again with the party who filed the amended plead...

Excerpt: ...lly 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 l...

Excerpt: ...s, 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. Proc., § 1281.2.) “[T]he pa...

Excerpt: ...ges, and 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., §§ 430.30, et seq.) 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 ...

Excerpt: ...tend to avoid unnecessary costs or delay.” (Code Civ. Proc., § 1048, subd. (a).) “Under the statute and the case law, there are thus two types of consolidation: a consolidation for purposes of trial only, where the two actions remain otherwise separate; and a complete consolidation or consolidation for all purposes, where the two actions are merged into a single proceeding under one case number and result in only one verdict or set of findin...

Excerpt: ...parties.” (Code Civ. Proc. § 2033.300, subd. (a).) “The court may permit withdrawal or amendment of an admission only if it determines that the admission was the result of mistake, inadvertence, or excusable neglect, and that the party who obtained the admission will not be substantially prejudiced in maintaining that party's action or defense on the merits.” (Code Civ. Proc. § 2033.300, subd. (b).) The policy behind the statute has been ...

Excerpt: ...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, reading it as a wh...

Excerpt: ...mpany's CEO based on a private web page's listing of that company's CEO. 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 other inferences or evidence, show that there is no triab...

Excerpt: ...ords related to emotional distress, anxiety, depression, headaches, and tension, within the previous eight years;  As to Covina Valley USD – Manzanita EL, and Rodolfo Loya Pipeline Contractor, the subpoenas may not seek medical records/reports and medical claim forms,  As to Baldwin Park Unified School District and East San Gabriel Reg. Occ. Prog. & Ctr., the subpoenas may only seek must be limited to confirmation whether Loya obtained di...

Excerpt: ...ainst Geoffrey C. Lyon and Lyon Law PC, counsel for Plaintiff Michael Rosario, is DENIED. Defendant City of Los Angeles acting by and through Department of Water and Power's Motion to Quash Deposition Notices of Prudencio Arellanez, Todd Phipps, Robert Pete Gonzalez, Person Most Knowledgeable Regarding Rosario's Termination, and Person Most Knowledgeable Regarding Anti-Discrimination Policies is GRANTED. I. DEMURRER A demurrer should be sustained...

Excerpt: ...ontacted had an employee made a demonstration using a product containing the chemical. 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 other inferences or evidence, show that the...

Excerpt: ...f time for the purposes of this statute does not include any period in which “[t]he prosecution of the action or proceedings in the action was stayed and the stay affected service.” (Code Civ. Proc. § 583.240, subd. (b).) NGSC argues that dismissal under this statute is proper here because the complaint was filed on January 18, 2017, while NGSC was added as a Doe defendant more than three years later on January 31, 2020, and was served even ...

Excerpt: ...ANTED. Defendant to give notice. I. MOTION FOR JUDGMENT 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 defenda...

Excerpt: ...nd Moreno Valley Fitness, Inc., as to the first, third, and seventh through ninth causes of action in toto, and as to the claim under the sixth cause of action for FEHA discrimination;  DENIED as to Defendants San Dimas Fitness, LLC, Murreita Fitness and Health, LLC, and Moreno Valley Fitness, Inc., with respect to the second, fourth, fifth, tenth, eleventh, and twelfth causes of action, for the sixth cause of action with respect to claims for...

Excerpt: ...se only with its opposition, in doing so contradicting its earlier assertions with regard to the status of Plaintiff's claim, and in doing so have provided no explanation for the alteration. (See Ahn v. Kimbo Tire U.S.A., Inc. (2014) 223 Cal.App.4 th 133, 144–45.) Objection No. 4 is SUSTAINED as to the criminal complaint on hearsay grounds. The complaint is admissible to prove the existence of the charges therein, but not for the facts asserted...

Excerpt: ...gally 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. Mirda (20...

Excerpt: ..., subd. (a).) “[I]f all the evidence submitted, and all inferences reasonably deducible from the evidence and uncontradicted by other inferences or evidence, show that there is no triable issue as to any material fact and that the moving party is entitled to judgment as a matter of law,” the moving party will be entitled to summary judgment. (Adler v. Manor Healthcare Corp. (1992) 7 Cal.App.4th 1110, 1119.) A motion for summary adjudication m...

Excerpt: ...ty in 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.]”...

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

Excerpt: ... not allege facts that are legally sufficient to constitute a cause of action. (See id. § 430.10, subd. (e).) As the Supreme Court held in Blank v. Kirwan (1985) Cal.3d 311: “We treat the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law. . . . Further, we give the complaint a reasonable interpretation, reading it as a whole and its parts in their context.” (Id. at p. 318...

Excerpt: ...t criteria must be satisfied before a PAGA settlement is approved. Federal courts have recognized a lack of California cases regarding PAGA settlements. (Jesus Salazar and Matthew Valencia v. Sysco Central California, Inc. (“Salazar”) (E.D. Cal.) 2017 WL 1135801 [“This court is unable to find, and the parties have not identified, any published authority identifying the proper standard of review of PAGA settlements to be employed by the cour...

Excerpt: ...orney fees, but DENIED as to the prayer for punitive damages. 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 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 ...

Excerpt: ...eement; 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 agreement to arbitra...

Excerpt: ...icient 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 Ca...

Excerpt: ...O 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. (Code Civ. Proc., § 2030.300; Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consul...

Excerpt: ...lly 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. Mirda (2007...

Excerpt: ...ctronically, 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 party is entitled as a matter of right to recover costs in any action...

Excerpt: ...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.App.4...

Excerpt: ...iced. (Code Civ. Pro., §§ 430.30, et seq.) 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 ...

Excerpt: ...No. 17.1;  GRANTED as to Special Interrogatories No. 2, 6, 7, 19, 28–29, and 32–257, and DENIED as to Interrogatory No. 27; and  GRANTED as to Requests for Production No. 6–9, and DENIED as to Request No. 17. The court awards $2,090 in sanctions against Plaintiffs and their counsel. MOTIONS TO COMPEL FURTHER “Any party may obtain discovery . . . by propounding to any other party to the action written interrogatories to be answered u...

Excerpt: ...r striking pleadings, and order dismissing an action, or an order rendering judgment by default against a party, for conduct that is a misuse of the discovery process. (Code Civ. Proc., § 2023.030.) This conduct include “[f]ailing to respond or to submit to an authorized method of discovery,” and “[d]isobeying a court order to provide discovery.” (Code Civ. Proc., § 2023.010.) Ultimate discovery sanctions are justified where there is a ...

Excerpt: ...and easily fixed nature of this defect, the court will allow Smith a reasonable time to render the declaration in compliance with statute. I. MOTION FOR RELIEF FROM DEFAULT AND TO QUASH Code of Civil Procedure section 473, subdivision (b) states: The court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake...

Excerpt: ...issing an action, or an order rendering judgment by default against a party, for conduct that is a misuse of the discovery process. (Code Civ. Proc., § 2023.030.) This conduct include “[f]ailing to respond or to submit to an authorized method of discovery,” and “[d]isobeying a court order to provide discovery.” (Code Civ. Proc., § 2023.010.) Ultimate discovery sanctions are justified where there is a willful discovery order violation, a...

Excerpt: ... 25, 2019, 73 days before hearing, and the declaration was, for some reason, filed on December 5, 2019. The statute says that both motion and supporting papers must be served 75 days before hearing, and the court lacks discretion to shorten this time without the non-moving party's consent. (See Urshan v. Musicians Credit Union (2004) 120 Cal.App.4 th 758, 764.) Thomas does not respond to these timeliness objections in reply. They thus furnish a b...

Excerpt: ...itchess motion. (Cf. Pitchess v. Superior Court (1974) 11 Cal.3d 531.) “Personnel records” are defined as “primary records specific to each peace or custodial officer's employment, including evaluations, assignments, status changes, and imposed discipline.” (Pen. Code, § 832.5, subd (d)(1).) The Pitchess provisions “take precedence over the general discovery rules outlined in the Code of Civil Procedure.” (Davis v. City of Sacramento...

Excerpt: ...ate; (2) grounds exist for the revocation of the agreement; or (3) “[a] party to the arbitration agreement is also a party to a pending court action or special proceeding with a third party, arising out of the same transaction or series of related transactions and there is a possibility of conflicting rulings on a common issue of law or fact.” (Code Civ. Proc., § 1281.2.) “[T]he party moving to compel arbitration bears the burden of establ...