Excerpt: ...between the parties in the same lawsuit. Thus, the courts discretion will usually be exercised liberally to permit amendments of the pleadings. (Nestle v. Santa Monica (1972) 6 Cal.3d 920, 939.) Plaintiff proposes to add the allegations that Defendant Tiffany Lockett failed to report the sexual harassment of Plaintiff by two male employees of Defendant Wells Fargo, witnessed the harassment and did nothing to reprimand those employees concerning h...

Excerpt: ...al.App.4th 740, 747.) When considering demurrers, courts read the allegations liberally and in context. (Taylor v. City of Los Angeles Dept. of Water and Power (2006) 144 Cal.App.4th 1216, 1228.) In a demurrer proceeding, the defects must be apparent on the face of the pleading or via proper judicial notice. (Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994.) “A demurrer tests the pleadings alone and not the evidence or other extr...

Excerpt: ...ourt “may upon, timely application, permit a nonparty to intervene in the action or proceeding if the person has an interest in the matter in litigation, or in the success of either of the parties, or an interest against both.” (CCP § 387(d)(2).) The court has the discretion to allow intervention where the proper procedures are followed, provided: (1) the intervenor has a direct and immediate interest in the litigation, (2) the intervention ...

Excerpt: ... (CCP § 2031.310(b).) The requests at issue in this motion seek documents that contain the following categories of documents: (1) Defendant's internal policies, practices, and procedures in dealing with a customer complaint (Requests No. 7, 21‐24); and (2) information about other customer vehicles (Requests Nos. 10‐13, 27). Category of Requests Involving Defendant's Internal Policies, Practices, and Procedures (Requests No. 7, 21‐24) Defen...

Excerpt: ...Judicial Notice is taken of Plaintiff's request of Exhibit 1. (Ev. Code § 452‐453.) Evidentiary Objections Plaintiff's evidentiary objections to the Declaration of Jose Blair are overruled. Legal Standard In deciding whether to issue a preliminary injunction, a trial court weighs two interrelated factors: the likelihood the moving party ultimately will prevail on the merits, and the relative interim harm to the parties from the issuance or non...

Excerpt: ...2025.450.[1] Defendant contends that Plaintiff is withholding evidence that allegedly demonstrate APEC's liability in Defendant's cross‐complaint. Defendant also contends that Plaintiff engaged in spoliation of evidence in destroying evidence, leading Plaintiff to claim that it cannot produce such documents. In its Opposition, Plaintiff denies such wrongdoing, and contends that it has attempted to meet and confer in good faith with Defendant, a...

Excerpt: ...25.450: If, after service of a deposition notice, a party to the action or an officer, director, managing agent, or employee of a party, or a person designated by an organization that is a party under Section 2025.230, without having served a valid objection under Section 2025.410, fails to appear for examination, or to proceed with it, or to produce for inspection any document or tangible thing described in the deposition notice, the party givin...

Excerpt: ...of the action.” (CCP § 395(a).) The court may, on motion, change the place of trial in the following cases: (a) When the court designated in the complaint is not the proper court. (b) When there is reason to believe that an impartial trial cannot be had therein. (c)When the convenience of witnesses and the ends of justice would be promoted by the change. (d) When from any cause there is no judge of the court qualified to act. (CCP § 397.) Her...

Excerpt: ...A demurrer for sufficiency tests whether the complaint states a cause of action. (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747.) When considering demurrers, courts read the allegations liberally and in context. (Taylor v. City of Los Angeles Dept. of Water and Power (2006) 144 Cal.App.4th 1216, 1228.) In a demurrer proceeding, the defects must be apparent on the face of the pleading or via proper judicial notice. (Donabedian v. Mercury Ins. Co. ...

Excerpt: ... Code § 5975(c).) Defendant contends that the requested attorney fees post judgment are unreasonable and should be reduced. To enable the trial court to determine whether attorney fees should be awarded and in what amount, an attorney should present: (1) evidence, documentary and oral, of the services actually performed; and (2) expert opinion, by the applicant and other lawyers, as to what would be a reasonable fee for such services. (Martino v...

Excerpt: ...o state facts sufficient to constitute a cause of action. Intentional Infliction of Emotional Distress (“IIED”) (First Cause of Action) A cause of action for IIED requires proof of: (1) extreme and outrageous conduct by the defendant with the intention of causing, or reckless disregard of the probability of causing, emotional distress; (2) the plaintiff suffered severe emotional distress; and (3) the defendant's extreme and outrageous conduct...

Excerpt: ...fected natural person or organization may promptly move for a protective order. The motion shall be accompanied by a meet and confer declaration under Section 2016.040. (CCP § 2025.420(a).) The court, for good cause shown, may make any order that justice requires to protect any party, deponent, or other natural person or organization from unwarranted annoyance, embarrassment, or oppression, or undue burden and expense. (CCP § 2025.420(b).) In 2...

Excerpt: ...y and the responding party have agreed in writing, the propounding party waives any right to compel a further response to the interrogatories. (CCP § 2030.300(c).) Plaintiff Corine Ulloa (“plaintiff”) contends that defendant City of Azusa's (“defendant”) Motion to Compel Further Responses to Demand for Identification and Production of Documents and to Compel Production (“Motion”) is untimely because the parties extended the time “t...

Excerpt: ...Judicial policy favors resolution of all disputed matters between the parties in the same lawsuit. Thus, the courts discretion will usually be exercised liberally to permit amendments of the pleadings. (Nestle v. Santa Monica (1972) 6 Cal.3d 920, 939.) “The law is well settled that a long deferred presentation of the proposed amendment without a showing of excuse for the delay is itself a significant factor to uphold the trial courtʹs denial o...

Excerpt: ...e the contract specifically provides that attorneyʹs 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 reasonable attorneyʹs fees in addition to other costs. (CC § 1717(a).) Paragraph 4 of the Consul...

Excerpt: ...um‐ion battery that was in the front left pocket of his shorts exploded and burst into flames, causing injury. The Complaint asserts causes of action for: 1. Strict Products Liability 2. Negligent Products Liability 3. Loss of Consortium A defendant moving for summary judgment/adjudication has met his burden of showing a cause of action has no merit if the defendant can show one or more elements of the plaintiff's cause of action cannot be esta...

Excerpt: ...not locate the applicable evidence. “‘The purpose of the law of summary judgment is to provide courts with a mechanism to cut through the partiesʹ pleadings in order to determine whether, despite their allegations, trial is in fact necessary to resolve their dispute.' To that end, the rules dictating the content and format for separate statements are to ‘permit trial courts to expeditiously review complex motions for … summary judgment t...

Excerpt: ...ngs.” (CCP § 473(a)(1).) Judicial policy favors resolution of all disputed matters between the parties in the same lawsuit. Thus, the courts discretion will usually be exercised liberally to permit amendments of the pleadings. (Nestle v. Santa Monica (1972) 6 Cal.3d 920, 939.) Defendants proposes to add additional affirmative defenses relating to Plaintiff's failure to mitigate. According to defendants, discovery revealed information that woul...

Excerpt: ...30 days. Plaintiffs moves to compel discover responses from defendant. Code of Civil Procedure (“CCP”) Sections 2030.290(b) and 2031.300(b) allow the propounding party to file a motion to compel responses to interrogatories and document demands if a response has not been received. If responses are untimely, responding party waives objections. (CCP §§ 2030.290(a), 2031.300(a).) CCP Section 2033.280(b) and (c) provides the propounding party t...