Excerpt: .... § 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 1201 Crescent Properties, LLC (Defendant) moves to compel the deposition of Plaintiff Tony Cinciprinni (Plaintiff). Defendant claims to have sought dates for Plaintiff's deposition since November 23, 2022, with follow-up emails sent on December 23 and 29, 2022, w...

Excerpt: ...ice 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).) 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, with reasonable diligence, have discovered and produced at the time of the prior motion. (Id.) There is a strict requirement of diligence - i....

Excerpt: ...ngs 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 standard...

Excerpt: ...ponse 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. Pr...

Excerpt: ...declaration and show good cause for the discovery sought. (Code Civ. Proc. § 2025.450, subd. (b)(1), (2).) Plaintiffs Ramon Galvan and Araceli Ramirez (Plaintiffs) move to compel the deposition of Defendant's person most qualified (PMQ) pursuant to a notice of deposition served on March 16, 2023. (Tirmizi Decl. ¶ 21.) Defendant General Motors, LLC (Defendant) served objections on April 12, 2023, stating that no witness would be produced as to C...

Excerpt: ...oc. § 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 Sina, Azadeh, and Sohrab Mardani (Plaintiffs) move to compel the deposition of Defendant County of Los Angeles's (Defendant) Person Most Knowledgeable (PMK) with respect to categories No. 1–6 and 11–13, for which Defendant produced as its witness Martin Mo...

Excerpt: ...pital Insurance Company (CCIC) in its opposition to Maple's attorney fees motion, specifically which contain offers made by the respective parties in the course of mediation. (Weisberg Decl. ¶¶ 10–12.) Such statements are inadmissible under Evidence Code § 1119. The court declines Maple's request to strike the whole of CCIC's opposition for the attempt to admit these offers into evidence. The objection to paragraph 13 of the Weisberg Declara...

Excerpt: ...tures LLC's Demurrer and Motion to Strike Portions of the First Amended Complaint are SUSTAINED as to all causes of action with 30 days leave to amend, except without leave to amend as to the thirteenth cause of action. Defendants' motion to strike is DENIED as moot. 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, ...

Excerpt: ...etion. (Bains v. Moores (2009) 172 Cal.App.4th 445, 480.) Defendants Cookies Creative Consulting & Promotions, Gilbert Milam, and Parker Berling (Defendants) move for a stay of proceedings in this action pending resolution of an arbitration proceeding on similar facts, alleged against these same Defendants by nonparties Red Tech Holdings, LLC and Gron Ventures Fund I, LP (Claimants). (Motion at pp. 7–10.) Granting a stay in a case where the iss...

Excerpt: ...ge 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; see als...

Excerpt: ...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 admitting all material facts properly pleaded...

Excerpt: ...n 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 contention...

Excerpt: ...(3) "[a] party to the arbitration agreement is also a party to a pending court action or special proceeding with a third parw, arising out of the same transaction or series of related transactions and there is a possibility of conflicting rulings on a common issue oflaw or fact." (Code Civ. Proc„ 5 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 o...

Excerpt: ...and file a notice of motion to strike the whole or any part thereof. (Code Civ. S 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 matter of which the court...

Excerpt: ...s such that a preference is necessary to prevent prejudicmg the partrs interestin the litigation. Courts have held that: . section 36 was enacted for the purpose of assuring that an aged or terminally ill plaintiff would be able to participate in the trial of his or her case and be able to realize redress upon the claim asserted. Such a preference is not only necessary to assure a party's peace of mmd that he or she will live to see a particular ...

Excerpt: ...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. S 2025.450, subd. The motion must include a meet-and-confer declaration and show good cause for the discovety sought (Code Civ. Proc. S 2025.450, subd. Plamtiff Old Road Realty LLC (PlaintifO moves to compel the deposition of Defendants Robert Rafia, Ron Tucker, and Mahmoud Mal...

Excerpt: ...ve 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. S 437c, subd. "[I]fall 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 movmg parv...

Excerpt: ...gs 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 ovvn motion after giving counsel notice and an opportunity to heard, may make an order quashing the subpoena entirely, modiönng it, or directing compliance with it upon those terms or conditions as the court shall declare, including protective orders. In a...

Excerpt: ...(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. (ld.) A court may exercise jurisdiction on any basis not inconsistent with the Constitution of California or of the United States. (Code Civ. Proc., S 410.10.) The exercise of personal jurisdiction is constitutionally permissible only "if the defendant has suffici...

Excerpt: ...nt on the pleadings and argues that a complaint does not state facts sufficient to constitute a cause of action agamst that defendant, then the court should grant a defendants 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„ S 438 subd. see also Mechanical Contractors Assn. v. Greater Bay Area Assn. (1998) 66 CalApp.4th 672, 677.) "The standard for...

Excerpt: ... their costs, as hereinafter provided." (Code Civ. Proc„ S 1021.) "In any action on a contract where the contract specifically provides that attorney's fees and costs, which are incurred to enforce that contract shall be awarded either to one of the parties or to the prevailing party, then the party who is determined to be the party prevailing on the contract whether he or she is the party specified in the contract or not, shall be entitled to ...

Excerpt: ...30.10, 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 parts in their context" (ld. at p. 318; see also Hahn. v. Mirda (2007) 147 Cal.App.4th 740, 747 ["A demurrer tests the pleadings alone and not the ...

Excerpt: ...mg to any other party to the action w•ritten interrogatories to be answered under oath." (Code Civ. Proc., S 2030.010(a).) Ifa propounding party is not satisfied with the response sewed by a responding party, the former may move the court to compel further interrogatowresponses. (Code Civ. Proc., S 2030.300; Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 403.) The propounding parv must demonstr...

Excerpt: ...ence 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 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 pruedura...

Excerpt: ...e answer is uncertain, which term includes "ambiguous" and "unintelligible"; and (3) that, where the answer pleads a contract, it cannot be ascertained from the answer whether the contract is written or oral. cccp S 430.20.) An Answer's affirmative defenses must "be separately stated, and the several defenses shall refer to the causes of action which they are intended to answer, in a manner by which they may be intelligibly distinguished." (CCP S...