Excerpt: ...ding, 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 extrinsic matters. Therefore, it lies only where the defects appear on the face of the pleading or are judicially noticed.” (SKF Farms v. Superior Court (1984) 153 Cal.App.3d 902, 905.) “The only issue involved in a ...

Excerpt: ...tract. (CCP § 1281.) The court must grant the petition to compel arbitration unless it finds either: no written agreement to arbitrate exists; the right to compel arbitration has been waived; grounds exist for revocation of the agreement; or litigation is pending that may render the arbitration unnecessary or create conflicting rulings on common issues. (CCP § 1281.2.) The petition to compel arbitration, consequently, functions as a motion and ...

Excerpt: ...1.310 allows a party to file a motion compelling further answers to a demand for production of documents if it finds that the response is inadequate, incomplete, or evasive, or an objection in the response is without merit or too general. The motion shall be accompanied with a meet and confer declaration. (CCP § 2031.310(a)(2).) The party to whom a demand for inspection, copying, testing, or sampling has been directed shall respond separately to...

Excerpt: ...er 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 extrinsic matters. Therefore, it lies only where the defects appear on the face of the pleading or are judicially noticed.” (SKF Farms v. Superior Co...

Excerpt: ...tions 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 extrinsic matters. Therefore, it lies only where the defects appear on the f...

Excerpt: ...plainant Fab Rock Investments, LLC's Motion to Join Indispensable Party is GRANTED as to the 1 st cause of action for declaratory relief and DENIED as to the 3 rd cause of action for declaratory relief. Plaintiff's Objections are SUSTAINED as to Objections 9-11 and OVERRULED as to remaining. I. Applicable Law “Necessary” parties are defined under CCP §389(a): “A person who is subject to service of process and whose joinder will not deprive...

Excerpt: ...ealty-Los Feliz TENTATIVE RULING Defendants Kenneth Haber and Rosemary Brandeburg's Motion for Determination of Good Faith Settlement is GRANTED. Seller Defendants' Objections to Plaintiff's "Opposition" is SUSTAINED; Keller Williams' Objections to Seller Defendants' Evidence and Supplemental Evidence are OVERRULED. REASONING 1. Settling parties: (1) Plaintiff Sarah Conner (2) Defendants Kenneth Haber and Rosemary Brandenburg (“Sellers”) 2. T...

Excerpt: ... same court, and another and different judgment entered, for either of the following causes, materially affecting the substantial rights of the party and entitling the party to a different judgment: (1) Incorrect or erroneous legal basis for the decision, not consistent with or not supported by the facts; and in such case when the judgment is set aside, the statement of decision shall be amended and corrected. (2) A judgment or decree not consist...

Excerpt: ...on concerning the Complaint filed by Plaintiff Kyle Olsen (“Plaintiff”). On December 29, 2020, Defendant Ferreira Construction Company, Inc. (“Defendant Ferreira”) also filed a Motion for Summary Judgment concerning Plaintiff's Complaint. Plaintiff filed his Opposition on April 15, 2021. The California Department of Transportation (“Defendant State”), who is not a party in interest to this motion, also filed an Opposition on April 15,...

Excerpt: ...taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect. Application for this relief shall be accompanied by a copy of 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. (CCP § 473, subd. (b).) The burden of pro...

Excerpt: ...sts”). Plaintiff also seeks monetary sanctions against Defendant and its counsel of record.[1] Code of Civil Procedure section 2033.290 allows a party to file a motion compelling further answers to request for admissions if it finds that the response is inadequate, incomplete, or evasive, or an objection in the response is without merit or too general. The motion shall be accompanied with a meet and confer declaration. (CCP § 2033.290(b).) Eac...

Excerpt: ...ment based on Probate Code section 21380, (6) Elder Abuse – Financial, and (7) Violation of Probate Code section 859. Plaintiff moves for summary adjudication on the causes of action for Quiet Title, Cancellation of Instrument, Constructive Trust, and Cancellation of Instrument based on Probate Code section 21380. Thus, should the court grant summary adjudication on all the issues, there would only be issues remaining as to Undue Influence (Fir...

Excerpt: ...cause of action fails to state sufficient facts. Defendants also bring a Motion to Strike the Punitive Damages prayer from the SAC. Demurrer 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 ...

Excerpt: ...tion. Code of Civil Procedure section 2030.300 allows a party to file a motion compelling further answers to interrogatories if it finds that the response is inadequate, incomplete, or evasive, or an objection in the response is without merit or too general. The motion shall be accompanied with a meet and confer declaration. (CCP § 2030.300(b).) Each answer in the response must be “as complete and straightforward as the information reasonably ...

Excerpt: ...trike treble damages and attorneys' fees from the First Amended Complaint (“FAC”) of Plaintiffs Jane C.A. Doe, Jane D.B. Doe, Jane E.M. Doe, and Jane G.A. Doe (collectively “Plaintiffs”). Under section 435, “[a]ny party, within the time allowed to respond to a pleading may serve and file a notice of motion to strike the whole or any part thereof….” (CCP § 435(b)(1).) Moreover, “[t]he court may, upon a motion made pursuant to Sect...

Excerpt: ...rez's (“Plaintiff”) Complaint. 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 notic...

Excerpt: ... 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 extrinsic matters. Therefore, it lies only where the defects appear on the face of the pleading or are judicially noti...

Excerpt: ... failing to state sufficient facts in the Second, Third, Fourth, Fifth, Seventh and Eighth Causes of Action. Defendant also brings a motion to strike certain allegations from the FAC. Judicial Notice Defendant's Request for Judicial Notice as to Exhibits A‐E are GRANTED. (Evid. Code § 452.) Demurrer 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...

Excerpt: ... Defendant also brings a motion to strike certain allegations from the FAC. Judicial Notice Defendant's request for judicial notice as to its Items ##3‐5 are GRANTED. (Evid. Code § 452.) The court cannot take judicial notice of Items 1‐2 because such documents do not fit into the mandatory or discretionary category of matters contained in the relevant evidence code sections. (See Evid. Code §§ 451, 452.) Furthermore, Defendant's reliance o...

Excerpt: ...$2,750.00 against Defendant and his counsel of record. Defendant also requests monetary sanctions of $3,600.00 for defending against this motion. Code of Civil Procedure section 2030.300 allows a party to file a motion compelling further answers to interrogatories if it finds that the response is inadequate, incomplete, or evasive, or an objection in the response is without merit or too general. The motion shall be accompanied with a meet and con...

Excerpt: ...renewal (serving notice of the motion on the judgment creditor personally or by mail) within thirty days from the date that the notice of the renewal application is filed with the court clerk. (CCP §§ 683.160 and 683.170(b).) The renewal may be vacated on any ground that would be a defense to an action on the judgment, including the ground that the amount stated in the renewal is incorrect, or the renewal application was filed less than 5 years...

Excerpt: ...ction 1281: A written agreement to submit to arbitration an existing controversy or a controversy thereafter arising is valid, enforceable and irrevocable, save upon such grounds as exist for the revocation of any contract. (CCP § 1281.) The court must grant the petition to compel arbitration unless it finds that no written agreement to arbitrate exists; the right to compel arbitration has been waived; grounds exist for revocation of the agreeme...

Excerpt: ...s Angeles Unified School District‐Archive Center, UC Irvine Student Health Center, UC Irvine University and Anthem Blue Cross (collectively “Third Parties”). The subpoenas at issue in this motion (“the Subpoenas”) seeks records related to Plaintiff's scholastic and academic records from over 10 years ago, medical history and insurance information without much limitations. Plaintiff also seeks $2,123.70 in sanctions against Defendant and...

Excerpt: ...tions 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 extrinsic matters. Therefore, it lies only where the defects appear on the f...

Excerpt: ...aintiff's Exhibits 1‐8 is DENIED. (Evid. Code § 452.) Plaintiff failed to attach copies of the exhibits to the request for judicial notice, and the Requests do not correspond to the exhibits listed in the concurrently filed Declaration of Eric Wilson. Under Code of Civil Procedure section 2025.450: 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 design...

Excerpt: ...le a motion compelling further answers to a demand for production of documents if it finds that the response is inadequate, incomplete, or evasive, or an objection in the response is without merit or too general. The motion shall be accompanied with a meet and confer declaration. (CCP § 2031.310(a)(2).) The party to whom a demand for inspection, copying, testing, or sampling has been directed shall respond separately to each item or category of ...

Excerpt: ...igent Infliction of Emotional Distress against various defendants including defendant Leo Leichter (“Defendant” or “Leichter”). On September 9, 2020, Defendant filed a special motion to strike the complaint. Defendant filed a notice of non-opposition. On March 3, 2020, the Court granted Plaintiffs' ex parte application continuing this hearing based on the attorney's calendaring mistake so that Plaintiffs would have time to oppose the anti...

Excerpt: ...nd, and third claims are against Arthur Greenfield & Co., LLP, Hromadka & Gualke, LLP, Donald J. Hromadka and various Doe defendants. The fourth cause of action is for fraud and against REC Management, Inc., Thomas A. Schulz and other Does. The fifth cause of action is against all Defendants. On September 3, 2020, Plaintiff dismissed the third and fifth causes of actions against Arthur Greenfield & Co., LLP, Hromadka & Gualke, LLP, and Donald J. ...

Excerpt: ...avid Millbern and DENIED as to Paul Colichman. Defendant Colichman's Motion for Summary Adjudication is DENIED. Plaintiff's Evidentiary Objections: Objection Nos. 19-20, 41-44, 47-50 are not material to the disposition of this motion. CCP §437c(q). Objection. Nos. 1, 2, 5, 8, 10, 11, 16, 17,18 are SUSTAINED and the remaining are OVERRULED. Defendants' Request for judicial notice is GRANTED. Defendants' Evidentiary Objections: Objection Nos. 4, 9...

Excerpt: ...th 19, 30 [citing Code Civ. Proc., § 2033.300, subds. (a) & (b).]). “A party may withdraw or amend an admission made in response to a request for admission only on leave of court granted after notice to all parties.” (Code Civ. Proc., § 2033.300(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 ob...

Excerpt: ...ons 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 extrinsic matters. Therefore, it lies only where the defects appear on the fac...

Excerpt: ...on for fraud and negligent misrepresentation is SUSTAINED. Defendant Miramax, LLC's Motion to Strike is MOOT. Plaintiff to address at the hearing what factual allegations could be added to cure the defects. I. 1 st cause of action for fraud—SUSTAIN. A. Plaintiff fails to allege fraud with specificity Plaintiff alleges Defendants' misrepresentations at ¶28, p. 8:15-24. “The misrepresentations by Harrison on behalf of Miramax included, but wer...

Excerpt: ...e a motion compelling further answers to interrogatories if it finds that the response is inadequate, incomplete, or evasive, or an objection in the response is without merit or too general. The motion shall be accompanied with a meet and confer declaration. (CCP § 2030.300(b).) Each answer in the response must be “as complete and straightforward as the information reasonably available to the responding party permits. If an interrogatory canno...

Excerpt: ...2030.300 allows a party to file a motion compelling further answers to interrogatories if it finds that the response is inadequate, incomplete, or evasive, or an objection in the response is without merit or too general. The motion shall be accompanied with a meet and confer declaration. (CCP § 2030.300(b).) Each answer in the response must be “as complete and straightforward as the information reasonably available to the responding party perm...

Excerpt: ...) had previously filed his own separate Motion for Summary Judgment on the single and only cause of action for medical negligence in Plaintiff's Complaint on March 11, 2018, but that motion was then taken off calendar a day before the court held the hearing. Defendant Marinelli now joins Defendant Farahanchi in this present motion and has filed papers in support of the joinder. Plaintiff filed his Opposition on February 23, 2021, and Defendants f...

Excerpt: ... inadvertence, surprise, or excusable neglect. Application for this relief shall be accompanied by a copy of 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. (CCP § 473(b).) The burden of proof on such a motion is on the moving party who must establis...

Excerpt: ...etary sanctions of $2,200.00 against Plaintiff and its counsel. Code of Civil Procedure section 2030.300 allows a party to file a motion compelling further answers to interrogatories if it finds that the response is inadequate, incomplete, or evasive, or an objection in the response is without merit or too general. The motion shall be accompanied with a meet and confer declaration. (CCP § 2030.300(b).) Each answer in the response must be “as c...

Excerpt: ...s outside the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may 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. (CCP § 664.6.) The agreement must be sufficiently definite to enable courts to give it an ex...

Excerpt: ...rer 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 extrinsic matters. Therefore, it lies only where the defects appear on the face of the pleading or are judicially noticed.” (SKF Farms v. Superior Court (1984) 153 Cal.App.3d 902, 905.) “The only issue invo...

Excerpt: ...tiffs Daniel Oaxaca and Judy Oaxaca (collectively, the “Plaintiffs”). Defendants contend that all these causes of action fail to state sufficient facts or is uncertain. 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) 14...

Excerpt: ...LAPP Fees GRANTED. The Court finds Defendants are entitled to recover fees in connection with the underlying SLAPP motion, as the motion was at substantially meritorious. Defendant seek and award of fees of $79,889. The Court finds that the time spent and hourly rates of the attorneys performing the work was reasonable. However, the Court finds a reduction of the attorney's fees sought in the amount of $79,889, is warranted given a limited portio...

Excerpt: ... (“Requests”). Plaintiff also seeks monetary sanctions of $2,811.65 against Defendant and his counsel. CCP § 2030.300 allows a party to file a motion compelling further answers to interrogatories if it finds that the response is inadequate, incomplete, or evasive, or an objection in the response is without merit or too general. The motion shall be accompanied with a meet and confer declaration. (CCP § 2030.300(b).) Each answer in the respon...

Excerpt: ...te Code § 21380. The operative complaint alleged causes of action for (1) Undue Influence, (2) Quiet Title, (3) Cancellation of Instrument, (4) Constructive Trust, (5) Cancellation of Instrument based on Probate Code § 21380, (6) Elder Abuse – Financial, and (7) Violation of Probate Code § 859. Thus, should the court grant summary adjudication on all the issues, there would only be issues remaining as to Undue Influence (1 st COA), Elder Abu...

Excerpt: ...fendants BB Wells Investment, Inc., Protec Investment Inc., and James Cheung (“Defendants”) move for summary judgment and/or adjudication of issues pursuant to Code of Civil Procedure section 437c against Plaintiffs Kirby Wang and Cher Wang (collectively “Plaintiffs”). As shown below, Defendants' motion reads more like a demurrer and the Court cannot adjudicated the identified issues as they are presently constituted. Request for Judicial...

Excerpt: ... (2) Digitas, Inc. TENTATIVE RULING Defendant Digitas, Inc.'s Motion for Summary Judgment is GRANTED. Plaintiff Multiplier Capital, LP's Motion for Summary Judgment is DENIED. Plaintiff Multiplier Capital, LP's Motion for Summary Adjudication of the 2 nd and 19 th Affirmative Defenses is GRANTED. Multiplier Capital's Objections to Dec. of A. Najarian: OVERRULE as to 1-6 and 10, SUSTAIN as to 7-9. Digitas's Objections to Dec. of C. Mcleary and Dec...

Excerpt: ...ution 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.) “A motion to amend a pleading before trial must… [s]tate what allegations in the previous pleading are proposed to be deleted, if any, and where, by page, paragraph, and line number, the deleted allegations are located; a...

Excerpt: ...les 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 extrinsic matters. Therefore, it lies only where the defects appear on the face of the pleading or are judicially noticed.” (SKF Farm...

Excerpt: ...a (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. (2004) 116 Cal.App.4th 968, 994.) “A demurrer tests the pleadings alone and not the evidence...

Excerpt: ...ing 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 extrinsic matters. Therefore, it lies o...

Excerpt: ...answers to a demand for production of documents if it finds that the response is inadequate, incomplete, or evasive, or an objection in the response is without merit or too general. The motion shall be accompanied with a meet and confer declaration. (CCP § 2031.310(a)(2).) Objections must be specific. A motion to compel lies where objections are ʹtoo general.ʹ (CCP § 2030.300(a)(3).) If a timely motion to compel has been filed, the burden is ...

Excerpt: ...l.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 extri...

Excerpt: ...f Action #2: Fraudulent Inducement of Contract; (3) Cause of Action #3: Constructive Fraud; (4) Cause of Action #4: Undue Influence; (5) Cause of Action #5: Breach of Contract (against Defendant Renovate only); (6) Cause of Action #6: Negligence (against Defendant Renovate only); (7) Cause of Action #7: Unfair Competition under B&P § 17200 (against Defendant Renovate only); (8) Cause of Action #8: Revocation of Contractors' License under B&P § ...

Excerpt: ...t of Defendant/Cross‐Complainant State of California, acting by and through the Department of Transportation (“DOT”). DOT filed its Opposition on November 2, 2020, and Powell filed its Reply on November 10, 2020. The Court held a hearing on December 9, 2020, and took the matter under submission. The Court hereby finds as follows: Judicial Notice Judicial notice is taken of Powell's Exhibits A‐C. (Evid. Code §§ 452, 453.) Evidentiary Obj...

Excerpt: ...s the authority to disqualify an attorney who violates California's ethics rules. (Kim v. The True Church Members of Holy Hill Community Church (2015) 236 Cal.App.4th 1435, 1452.) However, it is limited to only when misconduct will have a continuing effect on the judicial proceedings. (In re: Marriage of Murchison (2016) 245 Cal.App.4th 847, 852.) Furthermore, moving party to such a motion to disqualify must have standing to disqualify an attorne...

Excerpt: ...nt Lori O'Leary (“Defendant O'Leary”) was a math teacher and Plaintiff and Disney were her students. Plaintiff alleged that the sexual assaults took place in and during Defendant O'Leary's class. On September 16, 2020, Defendant Bonita Unified School District and Lori O'Leary (collectively “Defendants”) filed a Motion for Summary Judgment – or alternatively, summary adjudication – on the First (Negligence Per Se), Second (Negligent Su...

Excerpt: ...legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect. Application for this relief shall be accompanied by a copy of 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...

Excerpt: ...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 extrinsic matters. Therefore, it lies only where the defects appear on the face of the pleading or are judicially noticed.” (SKF Farms v. Superior Court (19...

Excerpt: ...e 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 extrinsic matters. Therefore, it lies only where the defects appear ...

Excerpt: ...tion of documents, set one (“the Request”). Particularly, Plaintiff seeks further responses to Requests Nos. 2, 5, 6, 7‐8, 10‐ 12, 14‐15, 19, 27‐30, and 35. Code of Civil Procedure section 2031.310 allows a party to file a motion compelling further answers to document requests if it finds that the response is inadequate, incomplete, or evasive, or an objection in the response is without merit or too general. The motion shall be accomp...

Excerpt: ...d 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 extrinsic matters. Therefore, it lies only where the defects app...

Excerpt: ...ction: 1. Cause of Action #1: Discrimination in Violation of Government Code Section 12940 et seq.; 2. Cause of Action #2: Age discrimination in Violation of Gov. Code Section 12940 et seq.; 3. Cause of Action #3: Gender discrimination in Violation of Government C. Code Section 12940 et seq.; 4. Cause of Action #4: Failure to Accommodate in Violation of Government Code Section 12940(m); 5. Cause of Action #5: Failure to Engage in Interactive Proc...

Excerpt: ...and Rodolfo Franco, Jr.'s (collectively “Plaintiffs”) Complaint. Andrew Michael, M.D., and Michael A. Jimenez (collectively “Defendant Doctors”) filed their own separate Motions for Summary Judgment on the single and only cause of action for medical negligence in Plaintiffs' Complaint on December 18, 2019. Plaintiffs filed their Opposition on June 2, 2020, and Defendants filed their Reply on June 24, 2020. The Court held a hearing on Octo...

Excerpt: ...228.) 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 extrinsic matters. Therefore, it lies only where the defects appear on the face of the pleading or are judicially noticed.” (SKF Farms v. Superior Court (1984) 153 Cal.App.3d 902, 905.) “The...

Excerpt: ...47 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. (2004) 116 Cal.App.4th 968, 994.) “A demurrer tests the pleadings alone and not the evidence or other ...

Excerpt: ...ce of Rejection Default/Clerk's Judgment filed by Clerk on May 20, 2020; 4. Ex Parte Application (to Strike Answer), filed by Plaintiff on July 29, 2020; 5. Motion to Strike, filed by Plaintiff on September 29, 2020; and 6. Answer of Defendant Zhiziong [sic] Xu aka Vinny Xu, filed on, mail and electronically served on June 8, 2020, and proof of service. These documents are all included within the Court record, and the request is granted pursuant ...

Excerpt: ...r common area of property at issue (the “Property”). 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 nonissuance of the injunction. A trial court may not grant a preliminary injunction, regardless of the balance of interim harm, unless ther...

Excerpt: ...o provide further verified responses to its request for production of documents, set four, Request No. 62 (“the Request”). Code of Civil Procedure section 2031.310 allows a party to file a motion compelling further answers to document requests if it finds that the response is inadequate, incomplete, or evasive, or an objection in the response is without merit or too general. The motion shall be accompanied with a meet and confer declaration. ...

Excerpt: ... alleging eight (8) causes of action, of which, it appears, that Defendant Lockett is alleged as a defendant in only Cause of Action #7: (1) Cause of Action #1: Discrimination Based on Sex and Disability; (2) Cause of Action #2: Failure to Accommodate Disability; (3) Cause of Action #3: Failure to Interact in Good Faith Manner to Determine a Reasonable Accommodation; (4) Cause of Action #4: Harassment – Hostile Work Environment Based on Sex and...

Excerpt: ... 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 extrinsic matters. Theref...

Excerpt: ... 28, 2020, and took the matter under submission. The Court hereby finds as follows: Judicial Notice Judicial notice is taken of Plaintiff's Exhibits 1‐2. (Evid. Code §§ 452, 453.) Legal Standard 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 established. (CCP 437c(p)(2).) “A defendant...

Excerpt: ...Franco, Anabel Franco, Maricarmen Franco, Rigoberto Franco, Berenice Franco, Elizabeth Franco, Patricia Franco and Rodolfo Franco, Jr.'s (collectively, the “Plaintiffs”) Complaint. Plaintiffs filed their Opposition on June 2, 2020, and Defendants filed their Reply on June 25, 2020. The Court held a hearing on September 24, 2020 and took the matter under submission. As both Motions rely on the same evidence and arguments, the Court will simult...

Excerpt: ... 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 giving the notice may move for an order compel...

Excerpt: ...ainst her on the ground that the causes of action against her fail to state facts sufficient to constitute a cause of action. 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 procee...

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: ...erally 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 extrinsic matters. Therefore, it lies only where the defects appear on the face of th...

Excerpt: ...ate, a court rule, or an order of the court. (CCP § 436.) The grounds for a motion to strike must appear on the face of the pleading under attack, or from matter which the court may judicially notice (e.g., the courtʹs own files or records). (CCP § 437.) Here, defendants Paul Capraro, Pat Whitfield and William Knight (collectively, the “Defendants”) seek to strike paragraph 3 in the prayer for relief in the Second Amended Complaint (“SAC...

Excerpt: ...o strike is MOOT in light of the court's ruling. Defendants' request for judicial notice to Exhibits 1‐5 are GRANTED. (Evid. Code §§ 452, 453.) 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....

Excerpt: ...udicial notice to Exhibit is GRANTED. (Evid. Code §§ 452, 453.) 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 pleadi...

Excerpt: ...he defendant can show one or more elements of the plaintiff's cause of action cannot be established. (CCP § 437c(p)(2).) “A defendant can satisfy its burden by presenting evidence that negates an element of the cause of action or evidence that the plaintiff does not possess and cannot reasonably expect to obtain evidence needed to support an element of the cause of action.” (Superior Dispatch, Inc. v. Insurance Corp. of New York (2010) 181 C...

Excerpt: ...N977CB Holdings, LLC and Western Air Charter, LLC's Petition to Compel Arbitration is DENIED. THE COURT'S REASONING Defendants N977CB Holdings, LLC and Western Air Charter, LLC (“Defendants”) petition the court to compel the Bank to arbitrate all the claims in its First Amended Complaint (“FAC”). In that Petition Defendant's claimed the Plaintiff's third and fourth causes of action were subject to arbitration under arbitration clause in t...

Excerpt: ...-defendant David Soleymani's motion under Code of Civil Procedure (CCP) §425.16 to strike the Second, Third, Fourth, and Fifth Causes of action of the cross-complaint is DENIED. The Court finds Soleymani has failed to meet his threshold burden to show any allegation or cause of action alleged in the Cross-complaint is, or arises from, any act of in furtherance of Soleymani's right of petition or free speech under the United States Constitution o...

Excerpt: ...t's Deposition and for an order Governing the Conduct of Defense Counsel David Weiss at Deposition is DENIED. Both parties request for sanctions is DENIED. Defendant was deposed on August 20, 2019. Plaintiff contends, however, that Defense counsel engaged in a “litany of obstructive conduct, including, but not limited to speaking objections, repeatedly instructing Defendant not to answer questions on the basis of non-privilege objections . . . ...

Excerpt: ...Defendant is ordered to answer in 10 days. The elements of a cause of action for intentional infliction of emotional distress are (1) outrageous conduct by the defendant, (2) intention to cause or reckless disregard of the probability of causing emotional distress, (3) severe emotional suffering, and (4) actual and proximate causation of the emotional distress. “Conduct is extreme and outrageous when it exceeds all bounds of decency usually tol...

Excerpt: .... Arrowhead Regional Medical Center; 4. Arrowhead Regional Medical Center‐Billing; 5. Arrowhead Regional Medical Center‐Xrays; 6. VNA & Hospice of So. Calif., Inc.; and, 7. Arrowhead Orthopaedics/Orthopedics (collectively “Third Parties”). Plaintiff, alternatively, seeks a protective order (1) limiting the scope of documents requested and (2) requiring the documents be produced attorneys' eyes only. The Court notes that the parties have a...

Excerpt: ..., 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 giving the notice may move for an order compelling the deponentʹs attendance and testimony, and the production for inspection of any docume...

Excerpt: ...ended complaint is DENIED, in part and GRANTED, in part. 4‐5. Defendants' motion to quash deposition subpoena of third party East West Bank is MOOT. Plaintiffs stated in their timely filed Opposition that East West Bank has produced the requested documents. 6‐7. Defendant Linda Lau's motion to quash deposition subpoena of third party Bank of the West is DENIED. 8. Plaintiff Miao Zhang's motion to deem admitted requests for admissions, set one...

Excerpt: ...based on Code of Civil Procedure section 2025.420. Before a deposition, any party, deponent, or other affected natural person or organization may promptly move for a protective order. (CCP § 2025.420, subd. (a).) In so ordering on such a motion, the court may direct that the deposition not be taken at all or restrict the scope of matters inquired into. (Id. at subd. (b).) If the court determines that the burden, expense, or intrusiveness of the ...

Excerpt: ...(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 extrinsic matters. Therefore, it lies only where the defects appear on the face of the pleading or are judic...

Excerpt: ...nadvertence, surprise, or excusable neglect. Application for this relief shall be accompanied by a copy of 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. (CCP § 473, subd. (b).) The burden of proof on such a motion is on the moving party who must es...

Excerpt: ... 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 extrinsic matters. Therefore, it lies only...

Excerpt: ...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 extrinsic matters. Therefore, it lies only where the defects appear on the face of the pleading or are judicially noticed.�...

Excerpt: ...y party, within the time allowed to respond to a pleading may serve and file a notice of motion to strike the whole or any part thereof….” The court may, upon a motion made pursuant to Section 435, or at any time in its discretion, and upon terms it deems proper: (a) Strike out any irrelevant, false, or improper matter inserted in any pleading. (b) Strike out all or any part of any pleading not drawn or filed in conformity with the laws of th...

Excerpt: ...ng 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 extrinsic matters. Therefore, it lies on...

Excerpt: ...order to prevent Plaintiffs from taking his deposition. The Court will address both motions simultaneously as they deal with the same deposition and witness. Plaintiffs' Motion to Compel Deposition Under section 2025.450: 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 se...

Excerpt: ...nd non‐code compliant responses. (Id. at ¶ 9.) Defendant also alleges that the documents produced with the responses were illegible. (Id.) After multiple attempts to meet and confer regarding the issues with Plaintiff's responses, Defendant filed the present motion on February 28, 2020. Plaintiff contends that Defendant not only failed to provide evidence showing good cause, but also seeks documents that would unreasonably intrude on her right...

Excerpt: ...a hearing on June 23, 2020, and took the matter under submission. The Court hereby finds as follows: Judicial Notice Judicial notice is taken of Defendant's Exhibit A. (Evid. Code §§ 452, 453.) Legal Standard 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 established. (CCP § 437c(p)(2).)...

Excerpt: ...plied Covenant of Good Faith and Fair Dealing in Plaintiff Raul Lopez's (“Plaintiff”) Complaint. Plaintiff filed did not file an Opposition but filed a Separate Statement of Disputed and Undisputed facts on January 8, 2020. Defendant did not file a reply. The Court held a hearing on June 22, 2020, and took the matter under submission. The Court hereby finds as follows: Judicial Notice Judicial notice is taken of Defendant's Exhibits XXXX. (Ev...

Excerpt: ...itigate the instant motion for a total of $303,105. Under Civil Code section 5975(c), in an action to enforce the governing documents, the prevailing party shall be awarded reasonable attorney's fees and costs. (Civ. Code § 5975(c).) The analysis of who is a prevailing party under the fee‐shifting provisions of section 5975 focuses on who prevailed “on a practical level” by achieving its main litigation objectives. (Rancho Mirage Country C...

Excerpt: ...d. (CCP § 438.) Except as provided by statute, the rules governing demurrers apply. (Cloud v. Northrop Grumman Corp. (1998) 67 Cal.App.4th 995, 999.) 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, 12...

Excerpt: ...efects 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 extrinsic matters. Therefore, it lies only where the defects appear on the face of the pleading or are judicially noticed.” (SKF Farms v. Superior Court (1984) 153 Cal.App.3d 902, 905.) “The only issue involved in a demurrer he...